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UNIVERSITY OF MASSACHUSETTS
LIBRARY

M32
+

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RECORDS

MASSACHUSETTS

VOL. III.

1644-1G57.

RECORDS

THE GOVERNOR AND COMPANY

MASSACHUSETTS BAY

NEW ENGLAND.

PRINTED BY ORDER OF THE LEGISLATURE.

EDITED BY

NATHANIEL B. SHURTLEFF, M.D.,

MEMBER OP THE MASSACHUSETTS HISTORICAL SOCIETY, FELLOW OF THE AMERICAN
3F ARTS AND SCIENCES, AND MEMBER OF THE
AMERICAN ANTIQUARIAN SOCIETY.

YOL. III.

1644-165?.

BOSTON:
FROM THE PRESS OF WILLIAM WHITE,

PRINTER TO THE COMMONWE.\LTH.

185 4.

9?S

Ol0mmoutocaltlj 0f piassacljii^ctts.

Secretary's Office,

Boston, December 1, 1854.
In printing the first and second volumes of the Massachusetts
Records, under a Resolve of the Legislature of 1853, Dr. Nathaniel
B. Shcktleff, of Boston, well known for his acquaintance with the
Old Records of this Commonwealth, and for his great interest in their
preservation, was appointed to take charge of the whole work. These
volumes have been printed, and copies of them have been distributed according to the
Resolve.

The ability and fidelity which marked the appearance of the first two volumes
determined the undersigned to intrust the preparing and printing of the volumes specified
in the following Resolve to the same able editor.

The confidence in which the editor is held by persons interested iu historical and
antiquarian pursuits gives ample assurance that the duty will be performed in a manner
alike creditable to the undertaking and to the Commonwealth.

EPHRAIM M. WRIGHT,

Secretary of the Commomvealth.

Resolved, Tliat twelve hundred copies of the third, fourth, and fifth volumes of the
General Court Records, with suitable Indices, be stereotyped aud printed, under the super-
vision of the Secretary of the Commonwealth, who may appoint some competent person or
persons to prepare said volumes for printinir, and take charge of the same, and to complete
the Indices of the General Court Records already commenced.

Approved by the Governor, February 17, 1854.

(iii)

INTRODUCTORY REMARKS.

BY order of the Legislature of Massachusetts, the two oldest volumes
of the Colony Records were printed in 1853. On the seventeenth
of February, 1854, His Excellency Emory Washburn, Governor of the
Commonwealth, approved a Resolve authorizing the printing of the
three succeeding volumes. These five volumes contain the records of an
important era in the history of Massachusetts, — the duration of its
political existence as a Colony, — when it was governed by magi.strates
elected by the people, who were considered sufficiently wise to make
laws suitable for all contingencies, and sufficiently just and prudent to
execute the laws by themselves made. This era embraces a period of
about fifty-eight years, commencing with the earliest records of the
Governor and Company that have been preserved, and ending at the
time when the colonial government was superseded by the Council
under the presidency of Joseph Dudley, Esq., in 1686.

A description of the first two volumes, together with a brief
account of the plan which was pursued for preserving their valuable
contents, and rendering them more accessible to the public, will be
found in the Introductory Remarks printed at the commencement of
Volume I.

The third volume of the Massachusetts Colony Records contains the
proceedings of the House of Deputies, commencing w4th those of the
General Court of Election held in May, 1644, and ending with those of
the May Court in 1657. A part of the original volume is in the hand-

vi INTEODUCTORY REJIAEKS.

writing of Mr. Edward Raw.s'on, and the remainder, comprising the larger
portion, is in that of Mr. Wilham Torrey, who were severally chosen
clerks of the House of Deputies. Although it is evident that the popu-
lar branch of the Colonial Legislature continued a record of its proceed-
ings until the time the Colony Charter was vacated, no copy of these
valuable volumes can l^e found in the archives of the Commonwealth
extending beyond the period embraced in these pages, nor are any
positively known to exist any A\'here else.

On one of the leaves preceding the records of this volume occurs
the following entry : —

"ffor the orders of the House of Deputyes: —
se the first leaffe, Ano 1644 : 3 orders j
se page 12, Ano 1645: two orders;
se pag 53, Ano 1645: one order;
se pag 84 & 90, Aiio 1646 : two orders ;
se page 254, Ano 1650 : one order."

The fourth volume of manuscript records, which, on account of its
large size, is printed in two parts, and the fifth volume, are a continuation
of the Colony Records, and immediately follow the second volume in
chronological order, the third being entirely independent of them. The
originals are in the handwriting of Secretary Rawson, and extend from
the commencement of the May session in 1650 to the presidency of
Dudley in 1686. At the close of the fifth manuscript volume are certain
miscellaneous writings, which will be found at the end of the corres-
ponding printed volume.

In printing the three volumes mentioned in the resolve of February,
1854, the same plan has been pursued that was adopted for the preced-
ing two volumes. The spelling of the clerks has been invariably fol-
lowed, and the. contractions and pecidiarities of chirograph}^ have beea
preserved in the copy by means of typographical symbols, in order that
the printed volumes should be as nearly reproductions of the ancient
volumes of manusci'ipt as the art of pi'inting would allow. Indeed, no
pains have been .spared to render the work acceptable, and to give to the
printed volumes a pleasing appearance, and at the same time make them
literal copies of the manuscript originals.

INTEODUCTOllY REMARKS. y[[

Of all the secretaries of the Massachusetts Colon}', none surpassed
Mr. Rawson in peculiarities of chirography, and in the use of similar
fonns for different letters. He had various ways of writing the letters e
and r, and very often wrote them in so careless a manner that nothing
but the context could possibly lead to the discovery of his intentions. In
the use of the letters n and u, c and t, and c and I, he was equally faulty.
Therefore, in some cases of proper names, the editor may have to rely
upon the indulgence of those who use the printed volumes.

In a very few instances the peculiar style of writing used by Secre-
tary Rawson — such as the condensation of two letters into one, and by
an extra stroke of the pen the making of one letter assume the appear-
ance of two — has not been followed ; nevertheless, in proper names the
editor has been very particular to follow the manuscript in these pecu-
liarities. Several of the most common instances are — the use of an m for
nn, as Pemiman for Penniman, Bemet for Bennet, and the use of nn for
an m, as Parnniter for Parmiter, and sometimes the use of an m for an
n, as Haimes for Haines.

In making up the records from minutes, the clerks were not alwaj^s
particular in arranging the daily proceedings in strict chronological
order, and did not preserve the exact date of each transaction ; nor did
they attempt, except in a few instances, to distinguish the acts of one
day from that of another. Therefoi'e the marginal dates which have
been supplied cannot be considered absolutely correct, but must be re-
garded only as approximations to accuracy, the editor endeavoring to
give to each page as nearly as possible the latest well-ascertained date
furnished by the volume, without resorting to external aid. It will be
perceived that these dates are meant to apply only to legislative action,
all minor dates connected with reports of committees, letters, and legal
instruments being disregarded in the margins. Occasionally marginal
dates occur in the original, which are easily distinguished from those
that have been supplied.

In some instances court orders liave been omitted to be recorded,
and subsequent legislation has been necessary to remedy the delin-
quency. A remarkable case of this kind is to be found on tlie one
hundred and sixteenth page of part first of the fourth volume, in the
case of Governor Winthrop's youngest son.

viii INTRODUCTORY REMARKS.

In the third vohime the proceeclmgs for a long period are recorded
out of place, and in the fifth is a similar mis-entr}^ of two pages. These
have been removed to their proper places in the printed copies. The
figures in the margins that indicate the pages of the original records,
and which are enclosed in brackets, make the arrangement of the
manuscript sufficiently intelligible.

As in the first two volumes, so also in the three which succeed, the
marginal entries are chiefly in the handwriting of Mr. Rawson, and are
mostly contracted expressions and half-spelled words. The proper names
in the margins are often sjielled in a different manner from those in the
text.

The names of those who took the freeman's oath at the General
Courts of Election, and which generally appear in the margins of the
manuscript volumes, have been collected together and printed with al-
phabetical indexes at the close of the volumes. The names of those who
took the oath at other times and places, together with those which are
included in the returns of commissioners, will be found printed in their
proper places in the volumes.

The same degree of care has been bestowed, in collating the printed
pages of the third, fourth, and fifth volumes with the original manu-
scripts, as was used in conducting through the press the preceding
two volumes ; for a full description of which the reader is referred to the
editorial remarks printed in connection with the first volume. In the
tedious duty of performing this part of the labor, the editor has been
spared rnuch by the careful manner in which the copies have been made
by the several persons employed for that purpose.

It is believed that the indexes, which have been prepared with much
labor, and which are very minute, will prove to be both accurate and con-
venient for use. No name, and no reference to any name or fiict, has
been purposely omitted, and as many cross references as were deemed
advisable and desirable have been entered in their proper places. Proper
.names have in nearly every instance been entered in the index according
to the mode of spelling in the original record.

Notwithstanding the temptation has been very great, and at times
the necessity almost imperative, the editor has, in the execution of his
duty, entirely refrained from making comments or annotations upon the

IiXTRUDUCTUUY IIEMAIIKS. ix

subjects recorded, and has only inserted in proper places such Ijrief notes
as were considered needM to inform the reader what portions of the
manuscript records were written by different persons, and who the
several writers were, which facts could not othenvise be learned from
any examination of the printed copies.

The editor takes this occasion to express his acknowledgments to
the Honorable Epiiraim M. Wright, Secretary of the Commonwealth, for
the facilities which he has afforded in prosecuting the work of printing
these volumes, and for the uniform kindness and interest which he has
constantly exhibited throughout the whole undertaking.

N. B. S.

Boston, December, 18.54.

MARKS AND CONTRACTIONS.

A Dash ~ (or straight line) over a letter Indicates the omission of the letter
following the one marked.

A Curved Line ~ indicates the omission of one or more letters next to the
one marked.

A Superior Letter indicates the omission of contiguous letters, either pre-
ceding or following it.

A Caret ^ indicates an omission in the original record.

A Cross X indicates a lost or unintelligible word.

All doubtful words supplied by the editor are included between brackets, [ ].

Some redundancies in the original record are printed in Italics.

Some interlineations, that occur in the original record, are put between
parallels, || I|.

Several characters have special significations, namely : —

I, — mo, month.

I, — par, por, — pt, part ; ption, por-

@, — annum, anno.
a, — an, am, — curia, curiam.
a, — matrate, magistrate.
ft, — ber, — numft, number ; Robt,
Robert.

c, — ci, ti, — accon, action.

c8, — tlo, — jurisdiccon, jurisdiction.

d, — ere, cer, — a(?s, acres.

d, — dd, delivered.

e, — Trer, Treasurer.

e, — committe, committee,
g, — gnJal, general,
h, — chr, charter.
T, — begig, beginig, beginning,
i, — ire, letter.

in, — mm, mn, — comlttee, commit-
tee,
m, — recofudacbn. recommendation.
n3, — mer, — foriiily, formerly.
A, — month.

ii, — nn, — Peii, Pcnn ; aiio, anno,
n, — Dnl, Domini,
ii, — ner, — manii), manner,
o, — on, — mentio, mention.

tiou.
p, — per, — pson, person,
p, — pro, — pporcon, proportion.
P, — pre, — p'sent, present,
q., — c|,stlon, question.
^, — esqJ, esquire,
f, — Apr, April.
s, — s, session ; sd, said.
s, — ser, — svants, servants.
f, — ter, — neuf , neuter.
t, — capt, captain.
Q, — uer, — seiial, seueral.
u, — abou, aboue, above.
V, — ver, — se^al, several,
w, — wn, when,
y'', the ; y™, them ; y", then ; y'", their ;

y% this ; y', that.
^, — us, — vilib;, vilibus.
{j — es, ct, — statut^, statutes.
t(5, &e, &c% — et caetera.
vizj, — -vddelicet, namely.
./ — full point.

(xi)

CONTENTS OF VOLUME III

THE KECOEDS OF THE HOUSE OF DEPUTIES, 1644—1657, . 1
GENERAL INDEX, 439

( xiii )

THE DEPUTIES' RECORDS,

1644-1657

MASSACHUSETTS RECORDS.

THE RECORDS OF THE COLONY OF THE MASSACHUSETTS
BAY IN NEW ENGLAND.

[The manuscript of the third volume of Records of the Massachusetts Colony commences here, in
the hundwriting of Mr. Edward Rawson, the Secretarj-. This volume, the largest portion of which was
■nritten by Mr. William Torrey, Clerk of the House of Deputies, contains the Records of the House
of Deputies, commencing in IGil and ending in 16/57. The first six pages are not numbered in the
original manuscript.]

EUedion, 29 8 M% 44. 16 44.

^it a Generall Courte of Elections held att Boston the 4"' and 5'* 29 May.

Monnths, 1644. [*1^]
The Acts §" Detenninacons of the Howse of Deputijes.

THE scQall names of those to-«-nes, w"' tlieire Deputies y' -were return'd
w* ye warrants to serve att this Courte, viz' : —

1. Salem : IVI"' Downeinge, IVP Hawtherne.

2. Charles-Towne : Majo'^ Sedgwick, Lift Sprauge.

3. Dorchester : M' Glover, Lift Duncombe.

4. Boston : M-" Tinge, Tr., Cap' Hawkins.

5. Roxbury : M>- Prichard, Wiiim Parks.

6. Watertownc : JI"" Mayhewc, Lift Mason.

7. LjTin : Cap' Bridges, Ens-"^ Tomlins.

8. Cambridge : Capt Cooke, jM' Sparliawke.

9. Ipswitch : M"^ Hubberd, Jos : Meadcalfe.

10. Newbury : M'^ Rawson.

11. Waymowth : M'' Tory, Lift Perkins.

12. Hiugham : Bozon Allen, Jn" Porter.

13. Concorde : Thomas Brooke.

14. Dedham : Francis Chickeringe.

15. Salsbury : M'' Duiiier, M'' Dudley.

16. Hampto : Lift Howard, Witi Eastowe.

17. Rowly : M"" Carleton, Math Boyse.

18. Brayntree : Stee Kingsley, Tho" Meklns.

19. Sudbury: "SVilliam Ward.

VOL. 111. 1 (1)

THE RECORDS OF THE COLONY OF

20. Dover : W Wiiim Hilltcn.

21. Strawbery-baiike : 51'' StcG Wiutlu-opp.

22. Gloster : M' Stccveus.

23. Oobourne : Lifte Johnson.
2-4. Wcnnam : Joseph Batchelo''.

It is orcli-ed by this bowse, that hencefoi-ward these townes, (accordg to
y" entry,) as alsoe all other y" townes y' ali'eady are, or hereafter shalbee,
erected w^'in this jui-isdiction, shall, (accordinge to thcii-e antiquity,) take thcire
places of ^cedencie both in y" transactlnge of y'= affayers of this howse, as
alsoe ui all other such occasions as may fall out w"'in this colony respectiuge
such j?sedency of place./

Elected by the freemen for this yeare ensuingc, lG4-t, 29" : 3 M".

John Endccott, Escp, Gouerner.

John Winthropp, Escp, Dep' Goiincr.

Assistant.s, Thomas Dudley, Es^, Ser*" Majo'' Gcncrall,
Rich: Bellingham, Escp,
Eich : Soltonstoll, E«p,
John Winthropp, Junio'',
Increase Nowell, Secret,
Simon Broadstreete,
William Pinchon,
William Hibbins,
Thom* Flintte,
Samuell Simons.

William Tincre chosen Treasurer.

30 May.
/

33: 3 M".

*M'' William Ilawtherne was chosen Speaker for this Courte by y' howse.

Samuell Greene is appoynted & chosen an officer to attend y" dorc of
y'^ Howse of Deputies for this Coiutc, & is to haue 2** p day, w"* diett &
lodginge./

It is orckcd, that henceforward noe member of this howse, (vppon any
ptence of buisnesse w"" any man,) shall absent hlmselfe fiom y" occasions
thereof w*''out leauc first graunted him from y^ howse./

It is orcb-ed, that henceforward noe member of this howse shall sitt or
stand w"' his hatt on whiles y" Speaker is ppoundingc any vote/

It is ordrcd, that noe messenger of this howse, (wh''' shall alt any time
bee sent w"* v" affaires thereof to v° Ilowse of ila"-'" shall reccaue from them

30 May.

THE MASSACHUSETTS BAY IN XKW ENGLAND.

any other biiisncs then what couccmes & hath reference to y" messuage heo 1 G 4 4.
went vppon./ '

It ^ orcbed y' noe member of this howsc shalbee call'd to y" barr but
by y" majo' vote thereof, & bceinge first convicted of his offence./

Ensigne Tomlins is ordi-ed & appoynted by both howses of this Courte
to goe vppon a messuage to y* Naragansett sachems about theire ire, & is
dismist this howse for y" ^sent to Ppare himselfe for y" jorney./

It is ordied, that M' Trasiu-er Tinge, Liftennant Duncome, & M"^ Jklay-
hewe are chosen a coiuittee to consider of the ire y' came fro y"' two sachems
(Caiionicus & Pesecus) of y" Naragansctts, & to returne theire thoughts &
conclusions to this howsc./

That whereas y^ townc of Gloster legaly made choyce of M'' Steevens
(a freeman thereof) for theire deputie to attend the buisnes of this Courte, &
y' yet notw"'standinge, (vppon some private drences falleinge out betweene y®
chui-ch & him in y"* intrirae,) y" ffreemen of y' said towne made choyce of M'
Bruin in y^ roome of y^ said SI"" Steevens It is therefore ordi-ed that y said
M'' Bruin bee sent home agayne, & y* y" towne of Gloster is desii-ed to send
y« said M' Steevens, first chosen ; declareinge it w"'all to bee y^ minde of this
howse y' y" ffreemen of y^ said to^vne, or any one or more of them (in y° bee-
halfe of y® rest), may take theire libtye to make theire complaynts agaynst y"
said M' Steevens ; & if it shall appeai-e y' such theu-e alegacons shall render
him vnfitt for y" service of this Courte, y* then this howse shall ace" it theire
dutie to deale w* him as an offending member thereof./

It is ordi-ed, y' Majo' Sedgwicke, Capt: Cooke, Capta: Bridges, Cajjt
Hawkins, & Liftennant Pkins are chosen a coiiiittoe to consider w' power is
to bee giuen to y° Majo' GeiJali, & to di-awe vpp his comlssion accordingly, &
fsent it to this howse to bee further considred of/

It is ordred, that ISI"" Downeinge, M' Glover, & M' Rawson are chosen
a coinittee to consider of j" one halfe of y* peticons ^sented to this Courte,
& to make returne of theire thaughts & conclusions of them indorsed vppon
y* said peticons./

* The peticon of Robert Parke is graunted by y" whole Courte, and [*3^]
hath libtye to pceed in marriage w**" Alice Tompson .w"'out furth'' pub-
lishe./

It is ordred, that M' Speaker, ]\P Downeinge, & Liftennant Duncome
are chosen a coinittee to consider of y* votes of y" howse, & to drawe them
into a forme of order, y* exact entry bee made of them./

i(;44.

31 May.
/

Comptrolers.
1 June.

THE 1I?:C0KD.S OF TIIK COLCJNV t)F

■3 M\- 81".

It is orcLfed, y' noe member of this ho'wse shall speake twice to one
case att one time, beefore eQy one (y' will) haue spoken to y* buisnes in
hand, & after some pawse, to sec if any other will speake, & it-is att y'' lifetie
of any to speake agayue w"' leaue from y"" howsc./

It is ordi-ed, that Capta: Cooke & M"" Toiy are chosen comptrolers of y^
howse for this Conrte, & pticulery to see to y" exact keepeing of y° fjregoe-
iuge order./

V: 4 M\

It is ordi'ed, that jM'' Speaker, Capta: Cooke, ]M' Glouer, IM'' Spar-
hawke, & M"^ Rawson are chosen a coiiiittee to examine y' French buibnes, &
to state y' case, to drawe y' bills, to lay y" charge, to pduce y° testimonye, &
Pscnt it to y" howse./

It is ordred, that M'' Dummer, Wilim Parkes, Edw: Carleton, Ma"*
Boyse, Bozon Allen, & Liften' Mason are chosen a coiiiittee to consider of the
other halfe of y' peticons, & to returne theire thaughts thereof to y^ howse./

A^ote of both
liowses.

4"; 4 M\

It is voted & ordied, to bee att y' libtye of each member of this
howse (vppon y'^ choyce of coiTiittees for y" ripncinge of buisnesses) to nom-
inate whome they jplease for y^ said coiiiittes, & after such libtie impved, the
speaker (for y* time bceinge) shall put to vote, in order, all such as are soe
nominated, & y* nonib"' of psons as shalbee agreed vppon, (to bee of y^ coiiiit-
tee,) y' shall haue most voyces, shalbee accompted as men chosen by y* howse./

It is ordred, that jM'' Dummer, M"^ Sparhawke, M' Tory, Joseph ^leade-
calfe, & Liften*^ Johnson are chosen a comittee for to consider of y° bill
Pscntcd to y" howse coucer'neinge mens pprieties, & to returne theire
thaughts of y" pticulers therein ex^st./

That whereas M"^ Sewall hath an execucbn graunted him (out vppon y"
goods & chatties of M' Foxcroft, of London, mar"'*) by an order of Coui-te,
& y* there is not an estate visible (of y" said M' Foxcrofts) to sattisfie y* said
execucbn, it is therefore ordred, y' M"" Daued Yale (agent to y" said M'
Foxcroft) shall w^'in sixe dayes ensueinge deliQ into this Courte a true in-
ventory of w' estate hee hath in liis hands, or knowes to bee in y" hands of
any other, (of y* sd Foxcrofts,) in case y' said ^i" Yale refuse to gine M'
Sewall sattisfacon and content accordinge to lawe./

It is ordred, that M' Speaker, ISI"' Treasurer, 'SV jMayhcM'e, i\I^ Prich-
ard, T.iften'" Duncombc, M' ITuliberd, & ]\I'' Siecven \^^iiifhropp are chosen

[*4^]

THE MASSACHUSETTS ]5AV IN NEW ENOLAND.

a ooiuittcc to consider of & examiii y" bill about juditiall j)ccedings sent 1()4 4.
from v'' mag'''./ ' "<

* Liftcu*'-' Perkins, vppon his request, & as y" minde of y" towne, is att
his libtic to depte y" howse for this sessions of y*-' Courte./

It is orcbed, that y^ next sixt day in y^ afternoone bee sett apte for y"
scflall coiiiittecs of y" howse to consider of & ripen the seQall buisncsses
thereof coiuitted to them./

It is ordred, y' the hundred pounds foriiily graunted toward the mayn- By both
tenauce of Castle Hand, & ye fortificacbns there shalbee pd soe scone as they
y' vndertake y" worke shall haue a coiiiaundcr & garrisson there, & to be pd
fiftie pounds eQy sixe nionnths, if they shall finish y" worke & continue a
garrisson there accordg to a fonti! order./

5° .• 4 M\

M' Steevens, beelnge legally made choyce of by y^ ffree men of y" towne 5 June.

of Gloster as theire deputy for y^ service of this howse, is admitted a mcnib''

thereof, nofw"'standinge any priuate drences fiiUen out (since his ellection)

bctweenc y' church & him./

It is ordred, that M' Winthropp, o'' Dept GoQner, shall haue alowed ^y both

howses.

him one hundred pounds for his last yeares service as Goiiner./

It is ordied, that Boston shall haue libty to cutt & carry from any of y^
couion lands of Nantaskett one hundi-ed & liftie tonus of timber, to bee ym-
ployed vj)pon y" ifortificacons att Castle Hand./

It is ordi-ed, y* y* Courte of Elections for y^ yeare next ensueinge shall M-^gs" cont.
bee att Salem/

It is ordred, that all y" countrys stocke (except greate artillary) shalbee Mag-" cent.
devided into y' three sheires, (Norfolke to bee layd to Essex,) accordinge to y°
last coixntry rate, (ye Castle beeinge first pvided for,) & y" small artillary to
bee kept in one place of each sheire, alhvayes ready fixt, and y' some men
of each sheli-e bee deputed to see to y" pformance of y"^ order, & to giue se-
curyty for y" stocke, & to bee accomptable for it as y'' Courte shall require./

6: 4 M\

It is ordred, that George Norton, as theire ser**, shall exercise the 6 June,
trayne band att Gloster. (By both howses./)

It is ordred, (att y*' request of y^ freemen of Gloster,) that Thomas Agreed.
Smith (in y" roome of M'' Steevens) is appoynted one of the three men of y*
towne to end small controiisies./

It is ordred, that all inhabitants ^^■"'in this jurisdlcon, aswell seamen Agreed.

THE RECOr.DS OF TTTE COLOXY OF

G44.

G June.

Agreed.

[*5^]

By both
bowses.

as others, arc to haue coiiiplcate armcs In tliclr howscs, (accord to order) all-
■\vayes ready fixt for service./

It is ordred, vppon y* request of Jn" Gore, that his ser*"", Thomas
Eceves, hath his libty & freedoine grauutcd him, haueing biiin faithfull to his
in iu liis place./

*It is ordi-ed, that Marble-head shall make choyce of one amongst them,
whoe shall exercise y" rest of y* inhabitants thereof in marshall discipline, y'
soe they may not bee to seeke when spetiall occasions call for theire assistance./

It is ordi-ed, that M' Wheelewright, vppon y* acknowledgm** of his
evill cariages, & y^ Courts justice vppon for them, hath his banishm*" taken
offe, & is reced in agayne as a memV of this colony./

By both
howscs.

7: 4 M% 44.

It is ordred, that Liften'" Sprauge, Francis Chickeringe, Steephen
Kingsly, Tho: ISIekins, Wiiim Hillton, Joseph Batchclo'', M'' Stceveus,
Wittm Ward, Liften'" Howard, Wiihn Eastowe, Tho' Brooke, Liftent* John-
son, & Joseph Meadcalfe, are chosen a coiiiittee to examine y* booke deliQed
in by M'^ Bellingham, & compare it w'^ y' booke of records, & returne theire
objections & thaughts thereof to this howse in wrighteinge./

It is ordred, that it shall & may bee lawfull for y'= deputies of this
howse to aduise & consultt w"" theire elders & ffrcemen, whoe are desii-ed
to take it into serious consideraoon, whether God doe not require of all y*
inhabitants of this colony, that they alowe as to therre mag*''', soe to all other
y' are calld to country service, a pporconable alowance & mayntenance an-
swerable to theire seQall places & ymploym'', amially or other■\^ise, & vppon
w' grounds, & they are further desired to send in theire thaughts & de-
terminacons in wr'ighteinge at y" next Gciilall Courte./

Voted : The bowse is adjourned (after this night) till y*" next second day
att one of y" clocke./

10": 4 M\

It is ordred, y' noe Indian shall cone att any townc or howse of y"
English (w"'out leaue) vppon y" Lords day, except to attend y" publike meete-
ings ; neither shall they come att any English howso vppon any other day in
y" weeke, but first shall knocke att y" dore, «& after leaue giuen, to come in,
(& not otherwise ;) and if any (hereafter) offend contrary to this order, y" con-
stable, vppon notice giuen him, shall bringe him or them Indians, soe offeiul-
ingc, to a magestrate to bee punisht accordg to his offence./

Whereas it is y'^ earnest desire of this Courte, that these natines
I iimongst whome wee line. & whoe banc submitted thcmselues to this goQin'")

THE MASSACHUSETTS BAY IN NEW ENGLAND.

should come to y" good knowledge of God, & bee brought on to subiect to y" 1 G 44.

scepter of y* Lord Jesvs, it is therefore ordred, that all such of y" Indians * ^ ^

as haue subjected tliemselues to o' goflm'" bee henceforward enioyned (& y'

they fayle not) to meete att such seQall places of appoyntm** as shalbee most

convenient on y" Lords day, where they may attend such instrucon as shalbee

giuen them by those whose harts God shall stirr vpp to y* worke ; and it is

hereby further declared (as y« desire of this Courte) y' those townes that

lye moit conuenicnt to such places of meetinge of y" Indians would make

choycc of some of thcire brethren (whome God hath best quallified for y'

worke) to goe to them, (beeinge soe mett,) & instruct them, (by y" best inter-

priter they can gett,) y' if possible God may haue y° glory of y° conQsion (at

least) of some of them in y^ vse of such meanes God giues vs to afoard th[em]./

*It is ordred, that Lynn Village shalbee calld Reddinge, as j^ desu-e of [ *6^ ]
y^ ffreemen thereof./ By both

Thom^ Dyer hath lifcty to kccpe an ordinary att AVaymouth, & to ckawe ^ ^^^^^
& sell wine./ ^°^^^^-

It is ordi-cd, that Capta Hawkins, M'' Glover, M'^ Mayhewe, Ensigne
Tomlins, & ^1" Steevens are chosen a coiiiittee for y^ di-aweinge vpp of an
order about shipp carpenters, (respectinge thcire ingadgm's to those y' imploy
them./

Capta Hawkins (vppon his request) hath libty from this howse to attend
his owue vrgent occasions till y" next fifte day att night./

ir: 4 M.

It is ordred, that o' p>scnt Goilncr shall haue twcntie pounds siieedyly i' ^^^^<^-

_ ... By both

paid him, in pte of y' some y" country shall alowe him for this his yearcs howses.
service ensueinge./

It is ordred, that JSI"' Speaker, Capta Cooke, & 51' Dummcr are chosen
a coiiiittec to consider of & to drawe vpp an order to ^vent the members of
this howse from discloseinge any of y" priuatc buisnesses thereof abroade, as
alsoe to di-awe vpp an order for y* p>ventcingc of fake rumo" vi^^ arc to fie-
quently spread w'^n this jui-isdicon./

It is voted, that Thomas Mekins, (one of y'' dep*s of y'' towne of Brayn-
tree), att y" request of y" towne, is dismist this Courte./

It is ordred, that o'' last comissioiis for y° Vnited Collonys doe make
returne of thcire coinission to this Courte./

It is ordred, in answere to y° petictin of Xpofer Hussie, & 18 others of
y* inhabitants of Hampton, that M"' Bellinghara, W Soltonstoll, & jM"' Broad-
streete are a coiTiiltcc chosen to examine ik to judge of y'' drcnecs betwccnc

THE PvECORDS OF THE COLONY OF

1 G -4 4. y^ iiiliabitants of Hamilton. The same answere is likewise giuen to two other
■~ '' ^ poticous from y" inhabitants of y" same towne, vppon y« same drences./

It is ordred, in ans"" to Lifte'" Howards peticon, that his charges alowed
hhn, to bee pd him by y'" toMne of Hampton, bee forborne vntill y" foregoe-
inge coiulttec of mag"" doe end y' drences bctweene y*^ inhabitants of the said
towne./

The petiuon of Edw: Gardii is answered by dcclareinge it to bee y"
mlnde of this Courte, that hee ought (by vertiie of his place) to take sucli
fines as are alowed by y' Coiute for y' neglect of y' order y' cnioynes
townes to pvide for y" makeinge of saltpeeter./

It is ordred, (in ans"' to the peticon of M"' The : Venn,) that there shalbec
as much land graunted to y* said peticoii) as may answere y*^ soine of money
w'^'' hath (by his father) bin putt into the countiys stocke, or accordinge to y"
j)porc6n of others, and y' Avhen y^ soiiie of money is made knowne to this
Courte, w"" power from his father to demaund & receaue y^ same./
[*7''.] *It is ordred, fin ans"^ to y' peticon of y" towne of Exeter,) that Sam"

Grecnefeild is denycd to di-awe wine vntill y" Courte haue a more full «&;
sattisfactory informacon of him ; as alsoe y' it is not thaught meete y* Rich :
Bullgar should bee there liftcn*" vntill further informacon bee giuen to this
Courte of y" said Bullgar, in y" mcauc time hee to exercise the trayne band as
there ser'^/

It is orched, (in aus'' to y*^ pet icon of ptc of y'' inhabitants of New-
bcry,) that noc village or towne shalbce erected w"'in the bounds of y' said
towne vntill such time as y"^ pcticofi' bge ans'''^'' by way of coiiiission or oth-
erwise./

It is ordred, (in nus-wcic to y"" peticon of Jose^jh Annitage,) that M'
Ottlcy shall pay hiiu y*" vnipidgc graunted him by M' Downeinge & M'
Hawthorne, whoe were men chosen to end drences betweene them./

It is orched, (in answere to y" peticon of Wiihn Bridge,) that this
Courte thinks not mccte to graunte land to any vppon such consideracdns
therein cxgist, but advise such to looke after newe plantacons./

It is ordred, (iu answere to y" peticon of Adam Ottley,) that (forasmuch
as this Courte conceaucs y* said i>cticoner will not bee advantaged by graunte
of his peticon concemeinge his deske of a reveiwe of y^ drences betweene him
& Joseph Armitage) it is thaught meete y' hee should stand to y° vmpidge
of M"' Downeinge & M"" Hawtherne./

It is ordred, (in answere to y" pctictin of Edw: Michcllson concemeinge
y^ fortle pounds hee owes y' country,) that whatsocQ hee (y'' said peticbiii) can
make to appearc vppon good ace", (w'^'' hath not bin formerly accomptcd for,)

THE MASSACHUSETTS BAY IN NEW ENGLAND.

hee shall hauc y' soiiie or soiucs abated of y^ said fortie pounds, & y' the said 16 44.
peticbner pay in the rest accordinge to his engadgm**./ " '

It is ordi-ed, (in answere to y' peticon of Josuali Hewes, as agent to M'^
Josuah Foote,) that M' Heues (as agent to M' Foote) may attach M' Fox-
crofts estate in y" hands of his agents, M'^ Treasurer Tinnge & M' Dauid
Yale, & pceed to judgm*« ; and vppon execucon graunted him, (if M"' Fox-
crofts said agents shall not accordingly make full sattisfacon,) that then they
shall declai-e to y' Courte, vppon oath, w' estate they haue in theii-e hands of
y* said M' Foxcrofts, when the attachm** was served./

*Jtt a Gennerall Courte of Elcccon, if 14th 3 31% 1645, begunnc, 164 5.
Sf held, 8r continewed at Boston, if 3'\ 4^ %■ 5 Mo"". ""IT^^

Elected by y'' fFreemcn for y"" yecre cusewinge : — L 'J

Thomas Dudley, Esc|>, Gou''no'",
John Winthroji, Es^, Dep' Gou^no',

Assistants, John Endecott, Es^, S'g"' Majo'' Gennerall,
Herbert Pellani, Es^^,
Richard Bellingham, Es^,
Rich Saltonstall, Escf,
John Winthrop, Jun"", Gent.,
Simon Bradstreete, Gent. ,
Increase Nowell, Gen'., Sec'.,
W™ Pinchon, Gent.,
Thomas Flynte, Gent.,
W" Hibbings, Gent.,
M"^ Sam : Simonds, Gent.,

Richard Russell, Treasu''e''.

The dep'' sent by each toune w"'iu this collony to attend y^ buisnes of this
Courte arc : —
Salem : M"" Hawthorne & M' Hen: Ba'tholmew.
Cha^lestow : Lef^ Sp''auge & Tho : Lyne.
Do'chesf : Lef* Duncomb & Lef* Athe'ton.
Bos'on : Maj""^ Gibbons & Cap' Keayne.
Roxbury : Jo : Johnson & W"' Parks.
Wa'enow : Cap' Jenison & Lcf Mason.
Lynne : Caji' Bridges.

Cambridge : Cap' Cooke & ]\P Shepheard. •

Ipswich : M'' Hubbard & Josep'^ INIedcalfe.
VOL. III. 2

10 THE RECOllDS OF THE COLONY OF

Newbery : M'' Dummcr & M"' Eawson.

Weymouth : Lef' Tory.

Hinghatn : M' Allen & Josh: Hubbard.

Concord: Lef^ WiUard.

Dedham : John Heyward.

Salisbury, M"' AVinsley.

Hampton : Cap' Wiggin & Lef^ Howard.

Rowley : M' Carleton, ISIath Boyce.

Braintree : Sam : Basse & Peete Bracket.

Sudbury : Edmond Goodenowe.

Douer : William Heath.

Strawberry Bancke.

Glocester : M'' Prichard.

Woobourne : Lef Johnson.

Wennham : M"" Sparowhauke.

M"^ W" Hawthorne, one of y* Howse of Deput', was by them
chosen their Speaker for this session.

bowses.

Speaker.

[*2.] *TTT is ordered, y' y" Maj" Genne''all for y time being shall haue like

comission vnder y" seale of the collony y" former Majo"^ Geniill had.

By both
honses.

By both Itt is ordered, y' Maj"' Edward Gibbons shall take order to send two shal-

owses. lopps furnished w"' men, to goe, according to y* Courts appointment, fo'' y'

discoiiy of what y* shipp y' lyeth hoQing about these coasts is, & whence, &c.;
the ehardges to be defrayed out of y" custome of wyne.

Voted. M'' Ca'leton, Mathew Boyce, W"" Pa-'kes, Joseph Medcalfe, & LeO Atli-

erton are chosen a coinittee to consider of y* seiiall peticSns deUuered to
them by this howse, & to retourne theii- thoughts & conclucSns thereabou'"
indorsed on y° back side of each petiuon.

By both Itt is ordered, y' y^ Maj°' Generall, Cap* Cooke, & M'' Shcpard drawe

vp a coiuission fo' M"' Allen in refFerence to y'' message he is designed to by y"
Courte, cone" y" shipp on y« coast.

M"^ Bartholmew, John Johnson, Lef* Spraugc, M"' Winsley, & ^I'' Hub-
bard are chosen a coinittee to conside' of y^ best wayes & meanes to destroy
y° wolves w"^*" are such ravenous cruell creatures, & dally vexatious to all y°
inhabitan'^ of y' collony, & to fPsent their thoughts & concluoftns therea-
bouts to this howse.

Itt is dcsu'cd, y' o"" honno'cd magis'' would be pleased to make choyce of
some of themselves to joync w"' Cap' Cooke, Cap' Wyggins, and Lef^ John-
son, who arc chosen by y' dcpu's to be a coinittee to consider of such cases
as may admittc of ajipcalcs, y' thereby pvicon may be made for y' releife of y"
subicct in such cases as mav ft'all out of this nature.

THE MASSACHUSETTS BAY IN NEW ENGLAND. H

An oath to be administred to y" su'^vcyo'' of leather. 1 G 4 5.

Whereas yo-w are chosen an officer for y* su''veying & sealing of leather ^^"^ '

w*''in y" towne where yow now dwell,- for y° space of a yeere, & vntill new ev both
be chosen & sworne in yo' roome, .yow now sweare by y« eflllvinge God, ''°"^'^^-
y' yow will carefully & dewly attend y* execution of yo'' said office w*'' all
fiiithfuUnes for y* good of y' coiuonweale, acording to y" true intente of y°
o''de''s in such case provided. So helpe yow God.

Itt is ordered, y' M"" Speaker, Majo'' Gibbons, M' Dummer, Lef Dun- By both
comb, & M' Sparowhawke shall joy new*"^ o"" honno'ed Dep'^ GoQn"', M'^ Brad- ^°"'^''^-
streete, & M'' Hibbings as a coinittee to consider of some way whereby y'
negative vote may be tempered, y' justice may have &ee passage, & y' y«
retoume of y® coinittee be ^sented to y" consideration of y° Courte.

An oath for y" Asistants.
* Whereas yow are chosen to y* j^lace of Assistants ouer y' ju'isdico for [*3.]
this yeere, & till new be chosen & sworne, yow doe heare sweare, by y« livuige By both
God, y* yow will trewly indevo' acording to yo' best skill, to cany & demeane
yo'self in yo"" place for y" said time acording to y" lawes of God & of this land,
for y« advancement of y° gospell & the good of y" people of this plantacon.
Yow shall dispence justice equally & impartially, acording toyo' best skill, in
all cases wherein yow shall act, by virtue of yo' place ; yow shall not witting-
ly & willingly exceede y^ limitacbns of yo'' place ; & all this to be vnderstood
during yo"' aboade in y' jurisdiccou.

Rob' Tm-ne"" is graunted his petiGon, vizj : to have sixteene pounds therein By both
mencSned, pvided y* it be not formerly disposed of to any other.

M"" Shepheard, Cap' Bridges, Lif? Willard, M"" Eawson, & M"' Prichard Voted,
are chosen a coinittee to drawe certaine bills for possitive lawes, as agn' lying,
Saboath breaking, swearing, drunkcncsse, &6., & ipsent w' y»y shall doe there-
in to this howse.

In ans'' to a peticon of M"' Rob' Harding, itt was ordered, y' he should By both
be allowed twenty shillings for his journey to y" Na'agansetts.

Pomhom & Sacoronoco complayning to vs y' many Indians dwelling By both
twenty miles beyond them (being freinds & helpers to y" Narragansetts in their
f sent warres w"* Vncus) are come vpon their land, & have planted vpon the
same ag°' their wills, they not being able of themselves to remoove them, &
therefore desii-e o' counsell & helpe : wee therefore advise them to send a
messenger to y' sachem of those intruders, to come to vs, and give an accompt

THE RECORDS OF THE COLONY OP

[*4.]

By both
bowses.

of such his intrucon. If he refuse to come, then wee would have our mes-
senger chardge them to depte from Pomhams land, w'''' also if they refuse,
then wee shall accompt them as enemyes.

Itt is ordered, y' Cap' Perkins, Lef* Tory, & John Whitman doe end
smale cawses for y" toune of Wcimouth, & they have authoritye from this
Courte so to doe, acording to order.

M"^ Samuell Dudley, INI' Winslye, & Ro'^' Pike are appointed to end
smale cawses for y" toime of Salishmy for y" yeere ensewing, & have author-
ity from this Courte so to doe, acording ^ order.

Edward Burcham is appointed clarke of y° wrltts for y" toune of Lynne./

* Whereas it is conceaved that y" trayning \]) of youth to y'^ arte & prac-
tize of armes willbe of great vse to this countrye in diuers respects, & amongst
y" rest, y' y^ vse of bowes & arrowes may be of good concernement, in defect
of pouder upon any occacon, itt is therefore ordered, y' all youth w"'in this
jurisdiccbn, fi-om tenne yeeres old to y^ age of 16 yeeres, shall be instructed
by some one of j" officers of y" band, or some other experienced souldier whom
y« cheife officer shall appointe, vpon the vsuall trayning dayes, in y'' excersise
of armes, as smale gunnes, halfe pikes, bowes & arrowes, acording to y'^ dis-
cretion of y" said officer or souldier, provided y* no child shall be taken to this
excersise ag°' their parents minds. This order to be in force w"'in on: month
after y^ publicacbn.

Sa^'g"' Majo' Genii" Endecot, M"' Bradstreet, & M'' Elynt, M' Hauthorne,
Cap' Cooke, & Cap' Jennison are appointed a coinittee so to examine y" Hing-
ham buisnes as to applye y" seuerall deposicons to y* seuerall cawses heard, &
accordingly to state y" case, & to take any further deposicons y' shall be ten-
derd in this case of ]\P Allen, or any of y'^ pcticone''s of Hingham, y' so there
may be a more orderly pceeding to an issue.

James Penne hath license graunted him to drawe wpie, so long as he
keepes entertainment for y^ Courte in Boston, either at y" howse Avhere y"
Courte now sitts, or where they shall sitt hereafter.

Itt is ordered, by y* authoritye of this Courte, y' all shipps from any of y*
portes of our native countrye, or elcwhere, coming peaceably, shall have free
accesse into our ha'bo's, & pteccon heare, if they pay y' deutyes & chardges
required by lawe in the countrye, as others doe.

M"' Noyce, Walte' Haymes, & W" Ward are appointed to end smale
cawses for y' toune of Sudbury for y' yeere ensewing, acording to order.

Itt is ordered, y' M' Bradstreete & M' Hawthorne shall have allowed to
them out of y° next countrye rate w' y''^ have not rec'' of y" 12* IP 0'*
expended vpon their jo'ney to Conectlut, \\z^. : by M' Bradstreet 6' 8" 0'', &

THE MASSACHUSETTS BAY IN NEW ENGLAND. 13

by :M'- Hauthorne, G* 3^ 9'^ ; M' Bradstreete having rec'' S\ & M' Hawthorne 10 4 5.
2* 14' of y® said sommes. "~ v— — '

The peticbners about y' cargo of y" shipp Rainbowe being come to an g^^. j^,ijj^Q,^.
agreement amongst themselves, & having given security to be responsall, as y'' By both
Courte shall order vpon the tryall, for what shallbe dehvered to them, y* so y"
wynes may not suffer damage, their peticon was graunted.

*Att y mocbn of John Johnson, gennerall s^'veyo'" of y" armcs, his howse [*'5-]
being lately burnt, some papers w'''^ he was betrusted w"', of concernement to •'■ J°''"^°"

° J ' ^ ^ ' house burnt.

y" countrye, very hardly escaped, itt was ordered, y' a receipt he had vnder
y* hands of M'^ Stephen Winthropp should be trewly coppyed out & recorded
by the clarke of this house ; w'='' is

Eeceaved of 51'^ John Johnson, s^'veyo'', one bond of Cap' Israeli Stough-
ton, by W'' he is indebted 248* ; also, receaved a bill of exchange of M'' Ed-
ward Ting, of sixty three pounds, eight s., & nyne pence.

Boston, Decern 9, 1644. STEPH : WINTHROPP.

Itt is ordered y' y" Gennerall Courte shallbe adioiu-ned till y" 3'' day of By both
y* weeke at noone, being y* 10"" day of y* 4"* month, 1645.

"Wliereas coiuission was graunted, by order of this Courte, to Herbert Concord &
Pellam, Es^, M"^ Thomas Flynt, Left "Willard, & Peeter Noyce, in nature of -^ ^ '
a cofnission of sewers for y" better secureing & impvinge of y' ground vpon howses.
y* rluer runing by Concord & Sudbury, itt is now declared, y' y* intent of y"
Courte was, y' if all y* said coiiiissioners should not meete vpon any occacon,
yett any three of them might pceede acording to y'= said coiuission.

This Courte being sencible of y" many publicke iniployments y' y" ma- By both
sri''^ are called to, w* dayly encreaseth, & w* necessai-ily occacons much

& ' ... Assistants al-

expence of their time, to y* piiudice of their familyes & estates, knowing lowance.
y^ straitnes of things in y" countrye, & y" just care y' this Courte ought to
take, to see y' none be vnequally bmthened, or chscouradged from doing ser-
vice to y° countrye in such places as they may be called to, doe therefore here-
by order, y' such as are chosen this yeere to y" place of an Asistant, & so those
y' shall hereafter be chosen, shall have five hundred pounds estate allowed to
each of them, rate free, both from toune & countrye levyes, for y" space of
three yeeres. Provided y' in case any such Asistant shall be left out at y* day
of eleccSn, or otherwise, w*in y* said terme of thi-ee yeeres, y' then such Asist-
ant (so left out) shall not claime y^ benefitt of this order for so long time as he
is dischai-dgcd of being a Asistant ; and y' there may be an ajquall, just, & impar-
tial! hand carrved towards each toune in v*" bearing of v'' Asistan" said allow-

14 THE RECORDS OF THE COLONY OF

ance, itt is ffuitlier ordered, that all such toune & countrj'e rates as shallbe

ajqually & pporconably layd vpon y" estate of any Asistant, to y^ vallew of 500',

as aforesaid, shallbe paid out of y" treasury, by virtue of a tickett, to be sent

by y' constable of y* said toune, vnto y" treasurer, signed & subscribed by such

said Asistant or Asistants whom it may concenie, acording to y* true intent &

candid meaning of this order.

[*6.] *In answ' to M' Ro^' Saltonstall his peticon coucerninge his title to land

By both in Water Toune is, y' y" Courte conceaves y' y' order in y' peticon menconeil

R Saltonstall (^'^'^ ^* ^^ y* peticon dcsired tp be explayned) doth sufhciently explane itself,

claim to land y[^ . yt gr Richard Saltonstall shall have a true title to y« land in y« toune of

in WatertoATO. ^ •' .

Water Toune, w'^'^ he shall pve to have binn mowed by him or his agent 4
yeeres together, & no other.

Clerks of Com- Lef Johnson, Lef Duncombe, & Cap' Keayne are chosen a coiTiittee to

search y" Courte booke for all such orders as concerne y" clarkes office of y'
milUtary companyes or trayned bands, to bring them into a modell, & to
fPsent it to y'= howse ; also to rectifye y" clarkes oath av"' relacon thereto, & a
bill for y" choise of s''g°' niaj"'''\

By botii It is ordered, y' o'' now honnored s'g"* majo'' generall, John Endecott,

„ Es^, for his service y" last yecre, in y" place of a GoQn', shallbe allowed out

Endicott com- of y" treasury 100', he giving security to repay w' he formerly rec"^ y'^ last
pensated.

yeere of y^ last Treasurer, Av'i'in two yeere from this date.

Indian trade, M'' Speaker, Lef Duncombe, & John Johnson are chosen a coinittee to

jopie w"^ some of y" magis" to consider of such obiections as will necessarily
arise ag"' y" last Cou''s order about y'' Indian trade.

Com" on burn- Left Mason, W" Heath, & W"" Parkes are chosen a coinittee to con-

sider of y^ order for y' burning of grounds, & w' is to be rectifyed in it, & to
psent theu- thoughts about it to y" howse.

Arms to be ac- Itt is Ordered, y' all such as received any coppyes of notes deliuered in

by y<= generall s'veyo'', of w' armes theu- tounes stands chardged w"», should send

liowses. in y« same, or trow coppyes thereof, to y° said s'veyo'', at Richard Faire-

banks howse, in Boston, w^'in a fortnight after y" sitting of y^ Courte.

Castle, propo- JMajo"^ Gibbous, Lef Atherton, & Cap' Jennison are apointed & chosen

in!!°"^ '^'^^''^'^ ' * coinittee to joyne w"" a coiiiittee of o' honno'ed magis'% to consider of y*
seuerall pposicons retourned by o'' lionno''ed magis'^ in ans' to certaiue pposi-
cons of y'= cap' Castle, also of y" coiiiission of y^ cap' of y' Castle, w' in it
is to be rectifyed, & y' y"^y consider of y* store of armes & aiiiunitiou should
be sent to supply y" garrison at y" Castle, & to ^sent their thoughts of each of
[ '•] these to both howses.

petition of. ' *Iii answ'' to a peticon of Thomas White, itts grauntcd he should have full

THE MASSACHUSETTS BAY IN NEW ENGLAND. " 15

state & possession of y' bargaine made betweene himself & y" wyddowc Swifte, 16 45.
of Sandwich, &d., except such as it may concerne, vpon notice, shall come in ''^ ^^ '
at y* next session of this Courte, & shew cawse to y° contrary. Itts fuithcr ^ ^J^
thought fitt y' if Thomas White should not enioy y" land, yett neccssaiy huwses.
chardges as he shall expend vpon it should be allowed him vpon his accompt.

In answ' to M'^ Batchilers peticon, y^ Howse of Dep'" conceave it not Answer to M'
meete to allowe him any thing, but leave him at his libertye to seeke his rem-
edy at any of y« Courts of Salem or Ipswich.

Cap? Wiggyn, M' Shepheard, & M"" Careltpn are appointed a coiTilttee to Cora««« on pe-
consider of j" peticons y' are brought in y' session, & piseut tlieii- thoughts
thereabouts to y^ howse.

In answ' to John Russe his petic6n for 14% for fferrage for y^ magis'' Deputies.
& depu*' to Dover «& Boston, itts graunted y' y* Treasurer shall pay it to y' j^J^.^^g
said John Russe, & call for y^ one halfe thereof againe from y° inhabitants of Ferage.
Douer.

In answ"" to y^ peticon of y" company at Nashaway, y^ towne of Sudbuiy Sudbury,

is graunted twenty pounds towards their finishing of their bridge, & way at y^

end of it, to be paid when they shall have made y* way passable for loaden

horse, pvided it be donne w'4n a twelvemonth from this time, 15 June, 1645. 15 June.

M"' Shepheard, John Johnson, & Capt Wiggin are chosen a comittee to Com"" on im-
potent persons,
consider of y^ lawe for y" disposing of inmates, & setUng impotent aged psons, or vagrants.

or vagrants, & either to rectifye it where it is defective, or drawe vp & jpferr
a bill y' may answ'' y° expectacon of each toune, & y* whole countrye, y* efly
toune may knowe w' may be their oune burdens, & f>vent multiplying of peti-
cons to y' Cou''te hereabouts, & ^sent their thoughts herein to this howse.

Left Willard & Edmond Goodenow are dismist from y° occacbns of y' Deputies ex-
cused.
howse till second day next at noone.

The Courte appearing & sitting about y^ time to w'^'' it was adio''ned. court^nJeet

Itt is ordered, y' y" coiiiittee for y* Vnited CoUonyes shall be mixtly
chosen, one magis''' & one freeman.

M' Allen & Joshua Hubbard are dismissed from y* occacons of y' howse
till y° second day att night.

*Itt is ordered, y* y* s''veyo' generall shall enquire after y^ retourne of [*8-]
y* bill chardged on M"' Stoughton for 248*, and also after a bill chardged on aJ^Tin^to""
M'' Edward Ting of 63* 8' 9"i, and if there be any ptests of them or either of "''^•'c report.
them, to make retou'"ne of w' he hath grounds for in this respect.

Mnp' Gibbons & Capt Jennison are chosen a coinittee to confer w"" our Mortons tryal.
honno'ed magis*^ about IM' ^Mortons peticon, & to vnderstand y* reason why
he came not to his tryall y" last Q'f Courte.

16 THE RECORDS OF THE COLONY OF

16 June, 1645.

This Courte, considering y'= many difficultyes y' such meete w"^ y'
makes pvicon for this Courte, att his mocon who now makes pvicSn for y'
same for such pporcbnable pay to be made him out of y^ next country rate
as may enable him comfortably to goe thorough y' w'^'^ he is called vnto, &
may be expected from him, doe order y' w'soclir chardge for diet shall be
expended for y^ time to come for y^ ^sent sessions of this Courte, it shall
be satlsfyed by y* seuerall tounes acording to their sequal pporcons in catle,
wheate, malte, «& bai-ly w^in 3 months from y" date hereof
Sam' Bass ex- Sam: Basse is dismist from y* occacous of this howse till y" 3 day next

cuscd. o • •

at o m y" morning.

Quest" about In ausw"' to o"^ honno'd magis'' bill of quferyes about JNI"^ De La Tou'",

postponed. the depu'* couceave y* but few of y' elders meete at Cambridge this weeke,
besides M'' Allen not being yett retourned, o'^ mayne buisnes being y« mak-
ing of lawes & many other buisnesses now in transaccbn in Courte, they
judge it not convenient to take this buisnes into consideracon at ^sent.
Y' Cou't dis- The Howse of Depu'% vpon much serious debate, dissent from oui- hon-

at'i of y" clock iio''ed magls*^ in y= bill sent fro them for y® giving, or w'''' seemes to give them,
in y aft'noone. ^j. j^^y ^f them, power to licence any coiiiand'^ of any vessells to make a
power of com- figlit in o' harbo''s, & therefore desire a conference w* them for a more
"ig""^"""^"^^" speedy issue herein.

The Howse of Depu'' cannot concur w"' o'' honno''ed magis'^ in their bill

to punish excommunicate ^sons.

[*9.] * Whereas y" soiiie of fforty pounds was by this Courte given to John

howses Johnson, generall s'^veyo'', w"' reference to y" service he hath donne for y"

Jn« Johnson to countrye seuerall yeeres past, & fo''asrauch as some pte of those monyes w""*

was assigned to him, (y^ Treasu^'e'" hath receaved,) itt is therefore ordered, y' y"

said John Johnso shall gather vp all those monyes formerly assigned him, (w'*"

y" Treasm-e'' hath not rec* or disposed of,) & w' it shall fall shorte of y" 40* he

shall receavc of y" Treasurer, provided y' he give in a just accomp* y* next

Coui-t of whome & how much he hath receaved of those moneyes formerly

assigned him.

Certain modes In o' Conference w"" o' honno'ed magis'% itt is agreed by y' Howse of

of procedure T->..nTiiT »— , ■.',

recommended Depu'« y' y= Speaker should moove y' some such course may be taken, & order
for the Court to jji^de, as y' y® great artillery, by virtue of power therefrom, as just occacbn
ing the artiile- shall psent, be made vsc of for o'' defence ; 2'-^', to mocon either a retourue
of oiu- bills, or such course as may ^vent mistakes thereabouts ; 3'^, y' noth-
ing be mooved by any member of this howse y' is not mencbned in y' recorde

account
money r

THE MASSACHUSETTS BAY IN NEW ENGLAND. 17

of o'' conference ; & if any shall so doe, y' o'' Speaker shall make knoune to 1 G 4 5.
y^ whole Cou'te y" determmacon of y^ howse in y' respect. ' "^ '

Itt is heereby declai-ed to all m's & o^vne's of shipps y' shall voluntaiily Regulation of
come w"* shipps to trade w"" vs from any p'' abroade, y' it is y^ minde of this ''■■mcd vessels.
Cou'te, & it is hereby ordered, y' no shipps, being \v"'in o' harbor, shall be suf- howses.
fered to fight w"' any other shipp or vessell during the time of theu- aboade
there, nor shall be molested by vs, except shoe give just ground of oifence, &
leave graunted by y" state, or by such as y" state shall give coiuission vnto
in y' pticule''.

The HoTvse of Depu*' cannot concurre w*"* o' honno'ed mags*' in passing Deputies &
y* bill for j" countiy being credito'" where is not sufficycnt to pay such cred- difftHn^pin-
ito" as shall first sue, & by suite recoQ on y" debto''. '°° °" ^"'*'-

The order for allowing 3 q^*^ of wyne or 1 bushell of Indian co''nc to any howses.
Indian for y° killing of wolves is hereby repealed. Wolves, law for

•' ° _ _. killing, re-

Cap* Cooke & Cap* Jennison are chosen a comittee to couferr -w*-^ some pealed.

of o"" honno'ed magis*^ abou* y'' letter sent from M"' Haynes concerning Vncas lette™ ftorn'M'

& y° Narragansett. Haynes.

*Whereas great losse & damage doth befall this coinonwealth by reason [*10.]

of wolves, w*"" doe destroy so great nombe''s of o' catle, no'w*'^standing pvision 'Wolves, en-
couragement
hath formerly benne made by this Coiute for suppressing of them, and wee to destroy

both

about a worke of so great concernement, itt is therefore ordered, y* any pson, howses.

either English or Indian, y* shall kill any wolfe or wolves w"'in tenne miles

of any plantacon in this jurisdiccon, shall have for eQy wolfe by him or

them so killed, tenne shillings, to be paid out of the treasury of y" country,

pvided y' dew proofe be made thereof vnto y" plantacon next adioyning

where such wolfe or wolves were killed, & also y* they bring a certificate vn-

der some magis*' hand, or y* counstable of y' place vnto y' Treasurer ; pvided

also y* this order doth only intend such jDlantacous as doe con*ribute to pub-

licq, charge ; & for such plantacons vpon y° riuer of Piscataq, y* doe not joyne

w*'' vs to carry on publicke chardge, they are to make payment vjjon theii"

owne chardge.

And y lawe for allowance of one bush : of Indian come or 3 q"^ of

wyne to any Indian for killing of any wolfe, is hce'by repealed.

Seuerall inhabitants of y" toune of Hingham, to the noumber of 81, Hingham com-
plaint.

Courts proceed-

they complained of, as of theii- libertyes being infringed, &6, amongst them, '"S-
Joshua Hubbard, John Faulsham, & John Tour laying a chardge on y* Depu*
GoQno"" ffor illcgall imp''isoning of some of them, & forcing the first w"" othc"

VOL. III. 3

18 THE RECORDS OF THE COLONY OF

1645. to give in bond w"" sueityes to appeare & answer at y next Quarte' Cou''te
" '' "^ what should be layd ag°' him & them : the peticbn was read, & their request

16 June.

graunted that the whole cause should be heard & trycd. The ptyes above
named laid their chardge above menconed on y'' day of tryall on John Wir-
throp, Esq'., Deputy GoQno"', who gave his answer, whereon the Courte
pceeded to judgmen'.
Business mth That there might not any guilt lye hidden in y" seuerall carriages of the

the French ad- . i i i, i • i i i • i t

justed. French buisnes by sea or land w''° the country might become liable to ans"'r

for to God, this Comt hath ordered & doth appointe y honno'"ed GoQn' &

Left Atherton, M'' Pellam & Cap' Cooke, M"^ Saltonstall & M"^ Hauthorne, as

coiiilssion", & coiiiission is graunted them w"* powe"' to sumon -wittnesses

in their seflall shieres, & apte to examine them, searching ou' the tru'h of the

case as they shall see cawse, making their rep'e to the next session of y°

Genn'^ Courte.

Masistiates The Howse of Dep'% being at a stand for ^sent, & not having deter-

Hi'ngham're- mined any thing vpon y° Hingham case, doe desire o' honno''ed magis'*

quested. yt ycy -y^ould send vs their thoughts & votes vpon y* whole case, y' so Mee

may come to a more spedy issue thereof.

[*11.] *"Whereas truth in words aswell as in accoiis is required of all men, es-

Lj-ing, or pecially of Chi-istians, who are y* pfessed servants of y"" God of truth, &

spreading false

reports, pun- whcreas all lyeing is contrary to truth, & some sorte of lyes are not only sin-
ishab e. ^^-^-[^ ("ag all lyes are,) but also pnitious to -f coinonweale & iniurious to pticu-

howses. ler psons, itt is therefore ordered, y' eSy pson of y^ age of discretion, w""" is

accompted 14 yeeres, who shall wittingly & willingly make or.publish any lye
w'^'' may be pnitious to y" publiq, weale, or tends to y* daiuage or iniury of
any pticuler pson, or w"^ intent to deceave or abuse y" people by Msc
newes or repor'% & y" same dewly pved in any Cou''te or before any one
magi''% who hath hereby power graunted to heare & determine all offences
j^gDst t}^js lawe, such psons shall be punished after this manner : For y" first
offence tenne shillings ; or if y* ptye be vnable to pay y= same, then to sitt so
long in y" stockcs as y^ said Cou''te or magis''^ shall appointe, not ei?;ceeding
two howers ; — ffor y" second offence, (whereof any shallbe legally convicted,)
ye soiue of twenty shillings ; or if ye pty be vnable to pay, then to be whipped
vppon y* naked body not exceeding tenne stripes ; — for y" third offence, fforty
shillings ; or if y^ ptye be vnable to pay y" same, then to be whipped w"'
more stripes, not exceeding ffifteene ; — & yctt if any shall offend in y" like
kinde, & be legally convicted thereof, he or shee shallbe fined tenne shillings a
time more then fonnc''ly ; or if y° pty so offending be vnable to pay, then to
be whipped w"' 5 or 6 stripes more then fo''merly, not exceeding forty at any

THE MASSACHUSETTS BAY IN NEW ENGLAND. 19

time ; y" aforesaid fines to be levyed or stripes inflicted cither by y" nia''shall 1 G 4 5.
of y' jurisdiccbn or constable of y'= towne where y^ offence is coiiiitted, acord- ' " '
ing as y' Cou''te or magis'' y' have iudged y* cawse shall direct ; & such fines,
so collected, shallbe paid into y" treasurer of y' shiere where y" cawse is tryed ;
& if any pson shall find himselfe greived w"" y'* sentence of any such magi*'^
ou' of Cou'te, he may appeale to y* nex' Cou''te of y^ same shiere, giving rea-
sonable securitye to psecute his appeale & abide y* order of y° Cou''te ; & if
y* said Cou^^te shall iudge his appeale cawselesse, y^ said appellant' shallbe
dowbly fined or corrected by whipping as aforesaid, not exceeding y" former
nomber of forty stripes, & pay y' costs of Cou''te, & of y" pty complayning or
informing, & wittnesses in y« case ; and for all such as, being vnder age of dis-
cretion, shall offend in lyeing contrary to this order, their pa''ents or m''s shall
give them dew corection, & y' in y* fsence of some officer, if any one mag-
is*" shall so appointe ; pvided also, y' no pson shallbe barred of his just accon
of slaunder or otheruise by any pceeding vppon this order.

*Itt was resolved vpon y= quaestion by vote, y' y'^ Speaker is moderato'' of [*12.]
y° Howse of Depu% (for y" time being,) & hath a castiuge vote, when it
falls out to be an oequivote. Speaker al-

By y* dep*s, Capt Eob' Keayne, W'^ Parkes, contra dicentes.

Itt was resolved vppon j" qusestion, by vote, y' no member of this howse
shall have liberty hencefo''wa''d to enter his contradicent to any vote y' shall Dissent to
passe this howse in y absence of such members, when such absence is occa- ^^ ^^ '^^
coned by their oune p''ivate occacous. By y Uepo.

About Ilingham case.

Itt was resolved, vpon y" qutestion, viz., (Whether Anthony Eamcs was Anthony
confirmed in his lefts office by authoritye,) that Anthony Eames was not mission not
confirmed in his lefts oflice by authoritye. conarmed.

An eequivote of 16 dep'* being past in y' case, y^ lawe of liberty y' gives
y" moderato"" a casting vote, cast it on y" negative pte to y* quaes?.

The rctou''ne of o' honno''ed magi^*-' to y" case.
Affii-minge,

1. That wee finde y* Lef Eames was y" cheife officer of y* millitary Magistrates
company at Hingham, when most of y® company refused to be trayned by Lieut. Eames
him, aco'ding to y' advice of y" magis*^ in y" time of y"^ last Gennerall
Cou''te.

The Howse of Dep'' assent to y'= magis'" affir-macon by 18 : contra di-
centes 12.

Lieut. Eames
again.

20 THE RECORDS OF THE COLONY OF

1 G 4 5. 2. Weo fintle y' y'^ GoQu'', Dep'y GoQii"", & IMajo"^ Gcmicrall allowed &

approoved him to be leP of y" same company w"" vnammoiis consent.

3. Wee fiude y' though he laid dounc his place, it was of no validity, it
being neur allowed by authority ; & if it -were, yett he was chosen againe
by y'' company of Hingham, & confirmed at y" last Gennerall Cou'te, by y^
counsell, for life, w"' y" consent of y'^ magis*', & by y'' warrant of y*^ majo'
generall, to trayne them as their lef.

The House of Dep'", deviding y* S*! affirmacon into two scQall votes, to
both pts they did dissent fro" o'' honno'cd magis'' affirinco.

To y* 1 pte, 17 discen', 16 concu''ring ; to y" 2"* pte, 15 disccn', 1-4 con-
cur?, & 4 neu'.
[*13.] *-!:. AFec finde y' x x reported y^ advice & direction of y' magis'^ to

many of y*^ company, in a private house, before y* trayning day, he delivered
it sometimes contrary to truth, & sometimes in doubtfuU termes, though in y"
hearing of some few he explayned himselfe ; but both he & others carrycd y°
matter in such a manner y* most of y" company refused to followe Lef' Eames ;
y" said Joshua Hubbai-d carryed away y'^ collo's, & put M' Allen to vote for
their cap', who trayned a great pte of y* company y' day, & some dayes af-
terwards, wholy reiecting Lef Eames, who informed y" company y' he was
advised by authority to exercise y* company ; Joshua Hubbard told him openly
it was falce.

The depu" concu're w* y« magi^'« in theii- 4"* afEi-macon.

5. Wee finde y' Joshua Hubbard, Dan : Cushan, Tho : Hubbard, Edm :
Hubbard, W"" Hersey, & M' Allen were cheife acto's & occacbners of this
disorderly & miitinous carriage, though some more guilty thereof then others ;
also Edmond Gold spake words, w"' reference to this case, iustly deserving
censure.

Consented to by 18 depu*^ ; dissented from by 15 depu'^
Compj refuse 6. Wee find y' y" majo' genneral being informed of this diso''de''ly & mu-

L' Eame"" " tinous Carriage, vnder y^ hands of 21 or 28 of Hingham, he sent Majo' Gib-
bons to Hingham, w"" direction to require & command y* ofiice''s of y* said
company to keepe their antient places, as also y° company to follow Lef
Eames, & be trayned by him tiU y"= next Gennerall Cotfte, aco'ding to y" for-
mer du-ection of y" magis'», vf^^ he, y" said maj'"', did dclifu- ; first by way of
request, then by comand, both in j'' maj""' genne'^alls name & his o-s\-ne, w"^
yett, noV'standing, they refused to obey.

Consented to by 18 depu"; dissented from by 14, as y" form'', by
reason of y" word mutinous therein inserted.

7. Wee finde Joshua Hubbard, Edmund Gold, Thomas Hubbard, & Ed-

THE MASSACHUSETTS BAY IN NEW ENGLAND. 21

monci Ilubliard were sen' for by warrant, & bound our by foure of y"' magis'* 1 (J 4 5.
to v' next Q'^"' Cou'^te, to answere for tlieu- aforesaid miscarriages. '

•' ... IGJune.

The Howse of Dcpu*^ concu'r w* o'' honno'ed magis*^ herem.

8. Wee finde y' Joshua Hubbard being called forth to cleare himself, in y° j. Hubbard ex-
church, of an accusacon for telling a lye, in y' he said authority advised Lef """'"^ "
Eames to lay doune his place, John Towres wittnessd y' authority did advise
him so to doe, & also said one magis'"* advised him so to doe.

The Howse of Dpp*^ concurr w*'' o'^ honno'ed magis*^ herein.

*9. Wee finde y' Jox Faulsham testifyed in y** church y' y'^ GoQn'' & [*1^-]
Dep' GoQn"^ (y' now are) said y' y<^y gave y^ lef* no order to exercise y" com- ^^f„'^^|'o^'jj-''j"
pany, nor had they power so to doe, (w"" words y' GoQ"^ & Depu* deny to have Foulshame.
so spoken,; & therefore sent for y" said Foulshame to appeare before them,
to answer for y® same, who, coming to y" Dep'', was required by him to put
in band, to answer it at y* next Q'"' Courte ; who, refusing so to doe, was then
dismissed ; but at a petty Cou'te, being required againe to put in band, & still
refusing y^ same, was by y" Courte coinitted to prison.

The depu'^ concurre w"" o'' honno'ed magis'" herein.

10. Wee finde y' y' publicq. chardge & accusacon of John Foulshame &
John Towres ag"^' y' Dep' GoQn'', y^ plhises considered, are cawselesse &
vniust ; & y' some things in y* peticon & explanacbn of it are falce & scan-
dalous, for w*^'' all y' peticoners ought to receave their dew censure.

To y« chardge by John Foulshame, of j^ Dep' Gofln', 14 depu" assent
y' it is vniust, & 13 depu" dissent ; 6 standing neuL

To y' chardge by John Towres, of y^ Dep' GoQn"^, IT depu" vote y°
negative, y' his chardge is not vniust, & 14 affii-me, & 2 stand neui.

To y' 3d clawse, whether something in y'' peticon & explanacon are falce &
scandalous, 16 depu*^ concu''r w"" y* magis"*, 13 dep'^ dissent, & 4 stand neuL

To y" last clawse, for w'"'" all y* peticone" ought to receave their dew cen-
siu-e, 18 depu'^ disceut therefrom, & 12 assent.

The some of y*' case in breife to be this : — By y magis".

1. That Anthony Eames was y' lawfull & setled left or cheife officer of y" Articles on
millitary company of Hingham. L"^"'- ^'™'^-

2. That y' greatest pte of y" company did mutinously & disorderly refuse to
be trayned or comanded by him.

3. That herevpon some of them were justly bound oQ to y* Q'"' Cou''te, to
answer for their misdemeno'"s ; & others for their misrepo''ts, & countenancing
of y" cheife acto's herein, were required to doe y" like, who, refusing, were
by y'' Cou''te coiiiittcd to prison.

22 THE RECORDS OF THE COLONY OF

4. That y" fmisses being dewly & rightly considered, wee conccave y*
jjeticbn is cawselesse & injurious, not only ag°' the Dejj' GoQn''s, but also ag°'
other of y^ magis**, whom y" chardges therein contapied (& not pved) must
necessarily reflect.

5. Yett, lastly, wee desire, as much as may be, moderacon be shewed in y*
censure of y delinquen'% as y* case & nature of y* offences, allowing them
thcu- iust pleas, (& allegacons,) will beare.

The magis*^ have voted hereto, & desire y" dcpu** to retou''ne their as-
sent to this case, y' y''^ may pcced to consider of dew censur'^^ ag°' such as
* have offended, scQally & respectively.

[*15.] * The collections of y'' Howse of Depu*^ (after y* Magis'*) fi'o y* retou''ne of
y" coiiiittee, concerning Hinghm case.
Hingham. 1. Wee finde y' LefEames did lay doune his place as y" cheife officer of

Ilinghm company ; & y' he did say he would neur lead y* company into y*
feild againe, or to y' purpose.

2. Wee finde y' ISl"' Bellinghm did legally give advice to Lef^ Eames, -\-iz.:
y' y* said Lef Eames should goe home, & goe into y" feild, & honno''bly lay
doune his place. Cap' Eob' Kcayne contray dicens.

3. Wee ffinde y* it was not in y" power of y^ counsell & maj"'' by lawe to
confirme an officer in j'* sitting of y« last Gennerall Courte.

4. Wee finde y' Lef Eames, not shewing his order, (being required,) was
some cawse of this disturbance.

5. Wee finde y' Joshua Hubbard did evill in telling y* company of Hing-
ham y' Thomas Mino"^ was cast out of y* Cou''te, w* in pbability did weaken
his testimony, & might be some occacon of this disturbance.

6. Wee finde y' y^ Dep' Gofin' did offend in saying y' it was contrary to y"
lawe of God & man to knowc their accusers before y" time of tryall.

The answer of y" Magis*'' to y" collections of y" De2)u'^.

1. If y^ meaning of these words in y'' first collection (did lay doiine his
place) be meant orderly & legally, as lef*, wee assent ; but if it be meant -n-ill-
ingly, so much as lay in him, w"" some other cawtion, wee dissent. Y" lat-
ter pte, y' he would neur leade y'' company into y^ feild, or words to y' purpose,
wee finde not sufficiently pved, being but one witncs, & he a ptye, viz.,
Foulshame.

2. To y' 2*, wee answer, y' w' advise M"' Bcllingham gave, acording to his
aphcncSn, -n-hilc y'' matter was in agitacon, was not illegall ; but how legall
or convenient it ^A-as to crosse }'' advise of y'' magis'% & his ownc also, or

THE MASSACHUSETTS BAY IN NEW ENGLAND.

whether it were so or no, wee rather leave, y' have heard it, to consider of, then
positively to determine it, not being, as wee conceave, ptinent to y'' case as it
concernes M' Bellingh.

3. To y' third, wee answer, y' wee formerly sent vnto yow 2 lawes, (viz.:)
in 1636, 7 mo"" ; y« other in 1636, 10 mo"", whereby power was given to y°
counsell to confirme milHtary officers in their places w*''out restrauiing them
from so doing at any time or in any place. If any laws or order cann be
shewed to take this power fiom them, wee desire it may be pduced, & wee
shall rest satisfyed. But if there be none, (as wee beleeve there is not, be-
cawse wee have searched & cann finde none,) wee then desii-e y' yow would
be satisfyed.

*4. Wee answer, y' y« irregular requiring of Lef* Eames to shew his order,
by a private souldier only, w"" y® lef^s neglect so to doe, might possibly occa-
con some distiu'bance, & yet y'' Icf* blamelesse.

5. To y* fifth wee assent.

6. To y° sixth wee answer, if y« words (did offend) be meante criminally,
wee dissent ; but if y' meaning be, he did erre & speake amisse in so saying,
wee assent, but conceave he gave full satisfaccon when publiq.ly he confessed,
y' if he so said, it was a mistake, he ouned it not being contrary to his
iudgment.

The Magis'* desu-e this theii-e answ'' to y° Depu'= collections may satisfye
them.

28 June, 1645.

The Howse of Dep'' did voluntarily enter into an oath of God, verbatim
to y" oath in y* Courte reco'ds, to deale vprightly in Hinghm case, except Capt
Keayne, Lef^ Atherton, John Johnson, Tho : Lpie, & W™ Parkes, who did
take their oathes in y' case before y° magis*^.

Witnes, Increase Nowell, Sec*.

The INIagls*^ have by their votes fined y° psons after named, at such soiiies
as hereafter are expressed, having binn as moderate, &, gonne as lowe as they
any wayes could, w"" y° holding vjjp of authorityc in any measure, & y'' main-
tenance of justice, desiring y'^ concurrance of y" Dep" herein, y* at length an
end may be putt to this long & tedious buisncs.

1G45.

[ne.]

Joshua Hubbard is fined 20* 00' 00*

Edmond Hubbard, 05 00 00

Thomas Hubbaid, 02 00 00

Edmond Gold, 01 00 00

John Faulshame, 20 00 00

First.

Persons fined
in Hingham

24 THE KECORDS OF THE COLONY OF

1645. John Towers, 05 00 00

"- '' ^ Daiiicll Cushin, 02 10 00

'''""■ W^Hersey, 10 00 00

M-^ Bozon Allen, 10 00 00

M' Peter Hubbard, y* first subscribed y peticon, . 02 00 00

All y* rest of y" peticon''s, being 81, out of w'^'' nomb are excepted

three, viz., M'' Peter Hubbard, John Foulshame, & John

Towres, y^ rest making 78, are fined 20' a peccc, y^ soiue

ofw^is 155* 10»

Wee have also voted, y' acordiug to y'^ order of y"= Genne'"all Cou'te, for
so long time as theirc cawse hath binn in handling, y peticon's shall beare y
chardge of y^ Gennerall Cou''te ; y" soiiie of vr"^ costs is to be cast vp &
agreed by y^ Courte when y^ cawse is finished.
[*17.] *The Howse of Depu'^ having issued y" Hinghm biiisnes before j'*judgmt

of o'' honno'ed magis*' (vpon y* case) came downe, they have herevnder ex^ssed
their determinate censures vpon such as they finde delinquents in y"= case, (viz.) :

First. Joshua Hubbard is fined 20* 00' 00*

Persons fined. Anthony Eanies, 05 00 00

Thomas Hubbard, 0-4 00 00

Edmond Hubbard, 10 00 00

Daniell Cushan, 04 00 00

W° Hersey, 04 00 00

M"^ Allen, besids his pporGon w"" y'^ trayne band, . . . 01 00 00

Edmond Gold, 02 00 00

50*

The rest of y^ traine band of Hingham, y' have an £cc[uall vote allowed
them by lawe for y' choyce of their millitary offiCs, are fined 55*, to be paid by
sequall pporcon ; y° w"^"" said soiiies of 50* & 55* are laydc vpon y said delin-
quents for y* satisfying of y" chardge of y" Courte, occaconcd by y^ hearing of
y" cawse, in case y* said chardge shall arise to y" soine of 105* 00' OO'*.

The Dcp'^ desire y^ consent of y" ]\Iagis'^ herein.

The Magis" cannot, w^'ovit violacon of their consciences, agree to y" fine
Debate on the of Lcf^ Eamcs, but are willing he should be admonished for his faylings, &
HuiKhnm tram ^^^.^ j^j^ cliardges in this buisnes ; & though wee conceave y* seQall de-
linquents doe deserve y" seQall fines wee ppounded, yett now a kind of ne-
cessity lyes vpon us to yecld to w' wee cannot hclpc. If, therefore, y" Dep'
Goiin"" may be pnoiuiccd innocent iu v,-' liath binn chardged vpon liim, & y"

THE 3IASSACHUSETTS BAY IN NEW ENGLAND. 25

peticone's cnioyncd to make publlccj, acknowledgm"'^ for y'' iuiury donne lilm, 1 G 4 5.
wee shallbe content to yeeld to y^ Dejju'^ in y* rest ; though wee conceave f;irr *" '^ '
greater satisfaccon to be dew. If this may not be obtayned, w* only love &
peace, together w* y* welfare of this coUony, forceth vs to yeeld vnto, wee
then desire some indifferent arbitrators may be nominated, to whome y« cawse,
for finall determinacon, may be deferred.

The Dep'" conceave y' all y* offcndo''s are in duty bound to acknowledge Courts further
their offences so farre forth as in their oune consciences they shallbe convinced ; "P'"'""-
but wee judge they are not to be forced to y* same, being othenvise punished.
Wee canno' make a declaration of y» Dep'^ innocency, becawse wee know no
rule of God nor any ^sident in any of our oune Cou'ts *for y* same; nci- [*18.]
ther canne wee abate Lef Eames fine for y" reasons w"^"^ wee have sent, &
others w"'', for brevity, wee omit ; & if our honno'"ed magis'^ be not satisfyed
herew"', wee desire y' y''^ would be pleased to choose their arbitrators, & left
vs vnderstand their names, y' wee may choose some to joyne w"" them, or if
they please, y" Depu*s are content to put a finall determinaCou to it by a lott.

1 July, 1645.
The Howse of Dcpu'% after conference by both howscs, being more then i July,
willing to condiscend to their judgm'"^ so farr as their owne judgm'^ & con-
sciences will give leave, y* rather y' love, peace, & accorde may raigne in o'
clymate, w'^'' God hath genne^ally taken from all y' earth ; they therefore de-
sire y' o"" honno'ed magis*= would be pleased to honno' them so f;irrc as to give
them a favorable meeting, & concurrance in their second votes vpon their
second cousidcracon, hcrevnder written : —

Wee fine Lef^ Eames, 05* 00 00

Joshua Hubbard, 20 00 00

Edmoud Hubbard, 05 00 00

Thomas Hubbard, 02 00 00

Edmond Gold, 01 00 00

John Foulcshame, 05 00 00

Daniell Cushan, 02 10 00

W" Hersey, 04 00 00

M' Allen, . . ' 05 00 00

M' Peetcr Hubbard, 02 00 00

Y" negative vote inforcs Lcf^ Eames fine to be 51 10 00
deducted.
So then the soiuc is as in y'' nuug"*. 4G' 10' 00''

VOL. III. " 4

THE RECORDS OF THE COLONY OF

1G45.

[*19.]

J. Winthrop
acquitted.
Agreed to by

Commiss' ap-
pointed.
By both
howses.

Persons to
draw up laws
in the sevcr.il

John Towrcs censure for liis delinqucncyc is, y' lie should bare his im-
prisonmen', pvided he bare no other censure, either as peticoncr or otherwise.

The Howse of Depu*^ doe agree y' 53* lO"* should be layd vpon all y=
peticoners by an aequall rate, by y^ pole, towards y^ payment of y^ chardge of
y Courte vpon y^ case, excepting John Towres & y" rest of those delinqucn'%
y' are fined as is above menconed, and y' y" said scQall fines & soiiics be paid
by & rcceaved of y° delinquen** w^in 3 months.

The Magis*^ agree to these fines above menconed, all but for Lef^ Eames,
whom wee judge to beare his oune chardge, & have an admonicon for laying
downe his place w"'out consent of authority, & other failings.

*The Depu'^ doc concu're w"' o'' honno'ed Magis'^ last retou'nc conce''n-
ing Lcf Eames, rather then nothing to be imposed vpon him.

The Genncrall Cou''te having very largely heard & debated a complaiute
brought ag''^' John Winthrop, Es^, Dep' GoQn'', by certaine psons of
llinghm, doe judge y' y" Dej^u' GoQn"' is legally acquitted of those things y'
have binn complayned of, or layd to his chardge, & have therefore, & for their
other offences, punished y"= said complaynants by seuerall fFynes, to be payd to
the countrye, to y" somme of fForty sixe pounds tenne shillings j & for chardges
of y'' Genneral Cou''te, fflffty three pounds tenne shillings ; whereof for y"^ Dep'^
Gofln"^ his clearinge wee desire j" country will hereby take notice.

John Winthrop, Sen"", Es^, & Herbert Pellam, Es^, are chosen & ap-
pointed by this Cou''te coiiiissione''s for this collony, to meete w"' y'' coiiiis-
sioners of y' Vnitcd Collonycs, in their next meeting, at Ncwhaven ; «& in case
either of theis shallbe hindered by any pvidence, y' then Cap' Cooke shall
supplye such defect. & if it shall happen y* there shall fall ou' any farther
defect, by any evidence, y* then M"^ Ilauthorne shall supply such further
defect y' shall so happen.

Itt is ordered, y' seuerall psons out of each county shall be chosen to
drawe vp a body of lawcs, & ^sent them to y^ consideracon of y° Gcnne''all
Cou''tc, at their next sitting.

For y" county of Suffolkc, o"" houno''cd GoQno'', M'' Ilibbcns, M'' Cotton,
M"" Mather, Lef Duncombe, & M' Prichard are chosen a coiiiittee to mccfr,
conferre together, & drawe vp a body of lawes, & psent them to y° next ses-
sions of this Courte.

For y'' county of Midlcscxe. Hc'bc't Pclham, Escp, M'' Nowel, JPTlio :
Shephcard, M"^ Allen, Cap' Cooke, & LeP'. Johnson arc chosen a coiTilttee to
meete, conferr together, & drawe vp a body of lawes, & psent them to y" next
sessions of this Cuurtc.

For y" county of Essexc, Kich Belliuglunn, Es(p, M' Bradstiocte, M'

THE MASSACHUSETTS BAY IN NEW ENGLAND. 27

Nath : Rogers, M" Norton, M" Warde, & M" Hawthorne are chosen a comittec
to meete, confcrr together, & drawc vp a body of lawcs, & pscnt them to y"
next sessions of this Cou'te.

*John Whittingham, gent., being ^sented to this Courtc by y* constable [*20.]
of Ipswich, in y*^ name of y" millitary company there, as their leP, by them ^/ 'Whitnian
chosen acording to o'der of Courtc, & S'"gn' Hewlett in like manner for their By both
ensigne, they were both accepted of & confirmed in their places by this Cou''te.

In ansW to y* wyddowe Phillips peticon, itt is ordered, y' if y« pcticoner. Widow PhU-

1 .1 1 HI- lips petition.

w'" the guardians oi y children, w'" their consent, cannot agree to sequester g^ ^^^^^
such lands & goods as may secui-e wyddowe Howe, y' then y" judgm* given to liowses.
y" ^vyddowe Howe shall be satisfyed acording to lawe in y* case pvided.

Edward Hutchingson, being fsented by y" Depu*^ of Boston to this Courtc E. Hutchinsoii

ensign.

as ensigne of y° millitary company there, was accepted of & confirmed in y' ^^ ^^^-^^
office by this Couite. '^o^^''^-

Lef To'^y is ai^pointed to take care of y'' company of Hingham ; to trayne By both
& excercise y" trayne band there, till y" Cou''te take further order herein.

Itt is ordered, y' y* order about saltpeeter howses in each toune be pse- Order on sait-

cuted & quickned; y' Edmond Gardine' be allowed forty shillings for his ^yboth

paynes, by such as are delinquent' concerning y' order in y" toune of Ipswich, ''""scs-

The Howse of Deput" canno' consent w"^ o'' honno''ed Magis'^ in y° adiou''ne- Dcpnties dis-
sent to ad-
men* of y^ Cou'te till y« S"* day next come sevennight, aco^'ding to their bilf. joumment.

In answ' to y« peticon of W" Ting, Griffith Bowen, W-" Toy, cum alijs, ^y^^^^^
y* peticone's request is graunted, pvided y' y" pp''ietors be satisfyed by them
for what damage may come to them by such a way ; & M"^ Glouer, Lef* Ath-
erton, Edmond Goffis, & Edward Oakes are appointed a comittee to lay out y°
way & judge of y* satisfaccon y^^ shall give to y° pprieto's.

Itt is o'ldered, y' o"" coiiiission" fo' y' Vnited CoUonycs shall contincw till
y" next Cou'te of Eleccon, & till new be chosen.

Itt is ordered, y' a levye of 616' & 15" shall issue out iiom this Cou'te, l^y both

bowses.

to be raised on eQy toune, aco''ding to y" scii" propo''c6ns y' shall be deter-
mined by y* coiiiittce who are sett aparte fo"" y' worke, they being one dep'^ of
a toune.

Itt is o''dered, v' y® one halfe of each tonnes rate shall be paid into y'' trcas- A rate to be

' •' ■^ ^ J levied.

ury Av^'in 3 months, & y'' other halfe by y" end of y" 1"* month next ; & y'
each toune may pay y* rate in catle, co'"ne, bevo'', or mony, as they please, so
as, in their first pporcons, they observe y* order for y^ defraying y" expences
of this Cou''te.

*Itt is o''dered, y' such catle as any toune shall pfier fo"" satisfaccon for any [*21.]
pte of their rate to y*" Treasu''cr shallbc ap''izcd by two indifferent men, trqual-

THE RECORDS OF THE COLONY OF

ly chosen by y" Treasu''e'' & by y" toune ; & in case they agree not, an vmpire
to be equally chosen by them j & y" p''izes of y" seQall graine y* Treasurer is
to accep' from each toune arc : —

For wheate & ~j
barly, at j

ffor pease
& rye, at

S" 6J

for Indian )
co''ne, J

2' 8'

The pporCons of each touncs rate agreed vpon by y' comittec is as fol-
loweth.

Hingham,
Weimouth, .
Braintree,
Dorchester, .
Eoxbury,
Boston, . .
Dedham,
Concord,
Water Toune,
Cambridge, .
Sudbury,
Woobourne,

15* 00 00

10 10 00

10 10 00
43 17 06
37 10 00

100 00 00

20 00 00

15 00 00

41 05 00

45 00 00

11 05 00
07 00 00

Soiiia totalis.

Charles Toune

Salem, .

Lynne, .

Ipswich,

Newberry,

Rowley,

Salisbury,

Hamptton,

Meadfoard

Wcnnam,

Glocester,

55* 00^ 00'

45 00 00

25 00 00

61 10 00

23 00 00

15 00 00

10 00 00

07 00 00

03 10 00

04 17 00

616* 14' OG'i

18 Jane.
E. Rawson
clerk chosen.

R:ilcm to pro-
cure drum-
mers.

By both
liowses.

18 June.

Edward Rawson is chosen & appointed cla'ke to the Howse of Depu'^ for
one whole yeere, to enter all votes past in both howses, & those also y' passe
only by them, into their booke of reco''ds.

Whereas this Cou'te is informed y' there is no drumme w'l'in y'' towne of
Salem, whereby y" inhabitants thereof have no meanes of giving warninge one
to another, or to other tounes, or farmes, by an alarum, vpon the approach of
an enemy, the defect whereof may indanger y'= lives & estates of such as
dwell there, as alsoc be very piudiciall to y" whole coiuon wealth, — this
Cou'te therefore, taking y^ fmises into consideracon, doth hereby o''der, y'
y" said toune of Salem shall pvide two good drummes, to be alwayes ready vpon
occacon, for y" toune & band ; to be poured w"'in 3 wcckes, on y" penalty
of 5*.

In y" case about y'' prisoner, y" Howse of Depu** conccave y' there is not
time to hcare y" cawse & determine it, & therefore desu-e it may be refcri-cd

THE MASSACHUSETTS CAY IN NEW ENGLAND. 29

to y* next sitting of y^ Cou'"tc, & in y'' mcane time he may be sett awoike to 1 G 4 5.
earne his livinge.

IS June.

•This Cou'te, considering y" continuall dainge's y"' places w'^'' arc most ^^^^^
free from feai-e of warre ai-e in, not being willing to be wanting to our oune ^_^^^^ j^.^^^
peace & safety by V neglect & not impving such meanes as God afToards vs Davenport to
& putts into o"" hands, doe o''der & appointe Cap* Richard Davenpo'te, by all the garrison.
y« meanes y' Courte allowes him, & y« five next tounes, fo'' y" keeping of a % both
garrison, hath or shall affoarde him, doe his vtmost endevo'' to have y" seucr-
all hutts for y* garrison finished w"' all speede possible, and also remoove y"
old howse, & erectinge it into one or two howses fitt for such pu''poses, & in
such place as y° coiiiittee of y" above menconed tounes -w"" himself shall
thinke mos' meete to answer y" expectac6n of y^ country ; & y', assoone as
) " said Cap' Davenpo''te shall in any fitt measure have finished y* hutts, give
notice thereof to y« seuerall constables of y" five next tounes, y' they
may send to him their appointed garrison, as by order & warrant from tliis
Court they are enioyned to doe, for y" acomplishment whereof this Cou'te
orders y' Boston, Eoxbury, Charlies Toune, Cambridge, & Dorchester doe
forthwith, at or before y« 1"' of August next, pay, or cawse to be paid, to y=
said Rich Davenpo'te y'= soiiie of fhfTty pounds in wheate or other sufficyent pay
as y'= Cou'te orders y*' next levye to be paid in, & at y" prize, viz, Boston
fowerteene pounds, each other of y" fower named tounes nyne pounds, yv'^^
shallbe abated them ou' of their next country levye.

Itt is o''dered, by -f authority of y' Comte, y' all shippcs y' come for Vessels to cn-
trading only from other ptes shall have fr-ee accesse into o'' harbo", & quiett j^g harbour,
ridinge there, & free leave to depte w"^out any molestacon by vs, they paj-ing By both

bowses.

all such dutyes & chardges as others doe, requfred by lawe in y" countryc.

Itt is o''dered, y' these seven Frenchmen, viz. La Fortune, Columby, Frenchmen to

have provis-

Sainct Awbin, La Viollette, La Rosse, La Garenne, & Laviolette Swyssc shall ions.

By both

be allowed seven pounds in pvicon on y* countryes chardge.

Itt is o''dered, y' y' Treasure' shall pay Goodwife Hackbou''ne, for hir By both
paynes shee hath taken this & y" last Cou^e, twenty shillings.

Itt is o''dered, y' Braintree shall be abated on* of theii- next lc\'y, for their
Depu*s lodgeinge, tenne shillings & 8'^.

*Itt is o''dered, y' lette'^s shall be forthw"» writte & sent to y" coiriissione''s \*23.]
of y' Vnited CoUonyes to desire their speedy meeting here at Boston, to con- By both
ferre of such weighty matters as are thought meete by this Cou''te to be ^^^^^^^-^^^-^^^^
psented to them, whereby their determinacco' thereabouts may be pscntcd to summoned.
this Cou''te.

Contra dicentcs : Rob' Bridges, ^\^'" IIautho'"nc, Natha Sparowhaukc,
Bozo Allen, & Joshua Hubbard.

30 THE RECORDS OF THE COLONY OF

1G4 5. Hcncry Rust is appointed in M"" Pcckes roomc to rccorde maniiigcs,

' '* ^ births, & burialls for y*' towne of Hingham.

In answ' to a coppy of a letter directed to y" Assembly of Virginia in y"
howses. behalfe of M'' Coggan, the Deput^ are willing y' when y counsell of y" coiii-

M^Cogganlet- pi^^^^alth shall have taken an accop' of y» coiTiittee about M"- Eaton's estate, y'

then they take cai-e for y' sending of a letter aco''dingly.
Ralph Hci- In answ'' to y' peticon of Ralfe Heiwoode, of Salem, itt is agreed y' jNI'

_ Haw'horne & M"" Bartholmew, ingaginge themselves to pay three pounds

howses. for y" debt of y" sayd Ralfe Heiwood vnto y'= Treasurer w"'in fowcr months, y^

residcw of y" debt he owes y" country fo'' y" transpo''tacon of a child being
remitted.
Court trials. Itt is o^'dered, y' it shall not be in y'' power of any Cou'te to trye any

cawse y Gcnnerall Courte hath tooke cognisance of, w*''out some o''der from
Drinking J° Gcnnerall CouHe.

ealths re- rpj^^ j^^^^ forbidding to drincke one to another is hereby repealed.

peal"^. ^ .X

By both Att y* request of y" inhabitants of Jeofferyes Creeke, this Courte doth

J, , , graunt y' y° said Jeofferyes Creeke hencefo^vard shall be called Manchester,

howses. ]\jr Broadstrecte & M'' Symonds are appointed to keepe Coii''ts att Doner,

howses. & Cap' Wyggyn, M' W™^ & M' Smith are appointed associatts to asist therein.

Ship Guilberts, Jn answ"' to y* peticon of Rich: Russell, Treasurer, concerning y* shipp

security given . . . « . «

for. Guilber's rep''isall, there appeariuge diuersitye of info''macon thereabouts,

(shoe being absen',) wee not being to heare & determine y" difference there-
abouts, the Depu'^ desire y' y"* niarchants w"'' tooke y° said shipp in rep'isall
be speedily called & cawsed to give in sufficient seciu-itye to be responsall
therefore in case, &6, and y' y® said securitye be ^sented to this howse before
any further pceeding.
Salem courts Itt is Ordered, y' y* Cou''ts of Salem & Ipswich bo kcp' by those magis''*

& other psons y' kep' y^ same y* last yccrc aco''diug to fo^'mer order, & till y"
Gcnnerall Cou'te in Oc'ober next.
[*24.] *Itt is o''dcred, y' o'' s'^veio'^ gcnnerall tS: AV" Parkes shall requii-c y*"

Surveyor gen- sixty three pounds eight shillings & nyne pence dew to y° eountrye from M""
debts. Edward Ting, & vse all legall wayes & meanes for y« speediest rccouciy

Voted. thereof, & lay it ou' & pm-chase powder w"" it, & deliuer it for y" countryes

vse to y° coiiiittee appointed by this Cou''te to secure y" countryes store ; &
ffurther they shall take care for y* calling for & securing of y" countryes debt
in ]\I" Stoughton's hand, when y'^^ shall have full info''macbn thereabou's by
y" next shipp.
Tho- Layghton At y" request of y" toune of Lynne, liberty & licence is graunted by this

Cou''te to M"' Thomas Layghton to drawe wyne for y' toune of Lyiine.

THE MASSACHUSETTS BAY IN NEW ENGLAND. gl

M"^ Thomas Layghton, Edward Burcham, & Thomas Puttman are ap- 1645.
pointed by this Cou''tc to end smale causes fo"" y" towne of Lynnc for y" yecrc "" '' '

18 June.

Hugh GriSyn is appointed clarkc of y'= wrltts for y' towne of Sud- '° '^^^ small
bury, in y" roome of Walter Haymes. H ^^.^^^^ ^j^^,^

M' Woodman, M' Jo : Lowle, & Eich Knight are appointed to end "^ ^"'*^-
smale cawses for y* towne of Newbery for y"= yeere ensewinge.

M'^ John Russell is appointed clarke of y" writts for y" towne of Cam- J-Russcli clerk

of writs, Cam-
bridge, bridge.

Philemon Dalton, at y'^ reques' of y* toune of Hampton, is authorized &
appointed by this Courte to marrye there such as are dewly published aco'"ding
to lawe.

M' Eich Brouue, Lef Mason, & Ephraim Cliilde are appointed to end R- Brown to
smale cawses for y'= towne of Water Towne for this yeere ensewinge. causes in Wa-

Hugh Caulking, Thomas Smith, & Obadiah Brewen ai-e appointed to end '^'''°""-

° ° ' i'l The" Smith,

smale cawses for y'= toune of Glocester for this yeere ensewing. small causes,

Lef Mason, W™ Heath, & W™ Parkes are chosen a coinittcc to consider „ °"''^^^"'-

Committee on

of y' o'der about burning of grounds, & what is to be rectifyed in it, & to burning
psent their thoughts thereabouts to this howse.

The House of Depu'^ doe concu''rc w"* o' honno''ed magis'" y' some iron works,
publicke notice shall be given to y^ country of their liberty to joyne w"' y"
vndertake''s of y* iron Avorke if they please.

*To y^ E' Honno''able y" Lords & CoiTions of y" High Cou'te of Parliam' [*25.]
in y* kingdome of England. Address to

Parliament

The humble petlcon of y'= Massatusetts, in N: E:
Humbly sheweth, —

That, whereas a shipp of Biistoll, called y^ JMary, being peaceably trading
in o'' harbo% was surprized by Cap' Stagge w'^out our licence or privitye, &
whereas, being called to accomp' for y" same, he shewed vs a coinission from
y" authority of this high Cou''tc to take any shipps belonging to Bristoll, &c^,
by ocacon whereof, ou' of y* dew respect to y= honno''able Cou''tc, wee thought
not fitt to contend w'*" him, but only pmitted him to carry away y^ said shippe.
But so it is, y' M"^ Hugh Broune & M"' Philip Jackson, m'chants of y« same,
being men, as wee are informed, well affected to y° king & Parliamcn', are
hereby much weakned, & both themselves & diQs others arc also dis-
cou''adged from sending any fu'^the"' suply vnto vs, whereby wee are like to
be much distressed for want of such necessary coiiiodityes as they were wont
for many yccres to send to vs : may it therefore please this high C«u''tc to

32 THE RECORDS OF THE COLONY OP

1 G 4 5. take this cawse Into serious consideracon, & so to tender y'' great losse of y"
'' said marchants & y° interruption of our trade by this meanes, as it may be de-

clared by some acte of y" same, y' no such attempt may be made hereafter
vpon any shipps in o'' harbo", or of any of our confedaration in N : E : & y'
such incou''agcmcnt maybe given to y" marchants of y" citty of London or
■ other places for supplying vs in dew time as to y"^ wisdome of this high Courte
shall seeme expedient.

E. Gibbons to Itt is Ordered, y' Maj'"' Edward Gibbons, out of y" pceed of y* goods of

stall £263 5. j" marchau'^ of y" shipp Guilbert, shall pay to M'" Rob* Saltonstall y" soiue of

263* 05% w"^ he hath paid y" seamen of y" said shipp Guilbert, for their

wages, provided y* M' Vallentine Hill scale y" 1000* band for being re-

sponall for y* rep''isall of y* said shipp, in case, &d.
Impost not to Itt is y" minde of this house, y' none of ou"^ should pay any impos' to

nec^t^cut Rirer. ^"1}' of Coficcticutt jurlsdiccon, w* relacon to y" passing thorough any pte of

Couecticutt Riuer.

[*26.] *An o''der about y" choyce of s''g°' maj°'^ & their chardge ; the clarkes of bandes,
w"' their chardge & oath, & millita'y watches.
Officers quaii- Itt IS thought Convenient, in regard there is a vacancye of y" office of

frecmanroath s''g"'' maj""^^ of regiments at this time, y' vpon y" 16"' day of y" 5"" mo°"',
to soldiers. 1645, being y" 4"* day of y« weeke, the trayne souldiers of eueiy towne in
each shicre w"'in this pattent shall meete together & nominate such a man or
men as they shall judge fitt for y<' office of a s'g"' maj°'' of y' regiment, & y'
not only freemen, but all y' have taken y° oath of fidellitye, or shall take it
before y" eleccon, may have libertye of their voates ; and becawse many townes
find it a great burthen to them, Avhere they have no mag" neare, to carry so
many of their inhabitants so farre to take their oathes, itt is o''de''ed, y' power
is hereby given to y" cap*, or, in defect thereof, to y« next cheife officer of y"
company, in all tounes to administer y' said oath of fidellity to such souldiers
as are willing to take y"= same before they give in theire votes ; & such as doe
take their oath to be ce''tifycd to y" next Cou''te of y' countye, w"^"" votes of
y« whole company shallbe sealed vp & deliuercd to one or both of y" de-
pu*'' of y* said tounc, or any other freeman y' y*^ toune shall appointe, & they
to carry them to y shiere toune of each countye vpon y" 23* of y'' 5*''
mo""", by tenne of y" clocke in y« forenoone, and there before one or two of
y" magis** of y" said toune to open y"' p''oxyes with y° said depu** ; and he y'
shall have y° greatest noumber of votes, being a freeman, to be pscnted by
one of y" magis" of each shicre toune to y"^ sa''g"* maj°'' gcncrall w"'in one

THE MASSACHUSETTS BAY IN x\EW ENGLAND. 33

•vreekc at y^ most after y"^ eleccon, who shall install, coiifinnc, & establish each 1 G -1 5.
grgnt maj'"' in his place for one yeere, & they to retayne their place & power ' '' '
till a new elleCon be made by o'"der of 'f Gcnnerall Coii''te.

And to avoyd y* vacancye of a place so necessary, for time to come, if
any of y" confirmed maj°™ should dye or remoove out of y" countrye, or shall
either leave their places or be remooved out of them, y'= s''g°' maj""' gennerall
for Y time being shall, w"'in one month at y° farthest after such a change,
send doune his warrants to each tonne *in the same shierc, to make choyce of r*2T.]
one or more niaj"''^ aco''ding to y'' forme above menconed ; and that euery
gvgnt m;^j"r \y^^x\\. not only liberty, but also is inioyned once euery yeere at
least, & oftner ^-pon any needfull occacon or coinand from y" s'"g"' maj"'' gen-
nerall, to drawe forth his regiment into one convenient place, & there to put
euery capt & office'''' of y'' companyes in their places, & to instruct them in soldieis to be
their dewtyes, acording to y" rules of millitary discipline, & to excersise his ip^'ntraUitary
regiment, whether it shall consist of horse, pikes, or muskateers, acording to
his best skill & abillityes, as if he were to leade them forth ag""' an enemyo.

Further, y' euery s'g"' maj""^ not only hath power, but is inioyned by
this Coune, twice euery yeere to send forth his warrants or summons to re-
quire the chelfe office''^ of each company in his regiment to meete at such time
«&; place as he shail appolnte, & there w"^ them to conferre & give in coinand
such o''de''s as shall by them be judged meete for y« better ordering & setling
of y* perticuler companyes in millitary excersises ; and y' theis office'' of each
pticuler companye shall bring w"^ them a note, from y" rowles of their scu-
erall clarkes, of y* names of such in their seuerall companyes as remayne delin-
quen*' & have not given satisfaccon before to y^ capt or cheife office'' of their
companyes for all defects, either in their armes, ainunition, appearances,
watches, offences, or y"' like ; & y* y*" said majo''^, w"^ y« consent of those
office''^ then mett together, shall inflicte such fines or penaltyes aco''ding to Fines to be coi-
lawe vpon y" delinquen' as shallbe judged a^quall, & to give order to y« '"'<^'«''i-
clarkes of y'= seuerall bands to take distresse for y'^ same w"'in one month after
such order, if before they give not satisfaccon.

And becawse wee observe many defects in making appearance in fitt
armes for service & otherwise, wee o''dcr y' this Cou'te should cawse to be in-
certed into euery clarke's oath, —

First, y' vpon euerj' trayning day, t\\ice, once in y" forenoone, as also in
y'= afternoone, if y* cap* require it, at such time as y" capt or cheife office"' y' is
then in y^ feild shall appointe, y" call or cawse to be called ouer y"' list of *y= [*28.]
names of all y= souldiers, & y' he shall give his attendance in y feild all y°
day, excep' he have speciall leave from his cap' or cheife officer, for y' taking

VOL. III. 5

34 THE KECORDS OF THE COLONY OF

104 5. notice of any defects, in j^ absence of souldiers, offences, &S, y' doth often fall
out in y« times of exercise aswell as in y* calling ouer y* rowle ; that twice
euery yeere, at least, he shall veiwe all y* armes & ainunition of y^ band, to see
if they be all acording to lawe, w"^ wee conceave will be best acomplished
after this manner : y' y' clarke shall signiiy seasonably to y' cap* or cheife
officer of y« band, & they to giue notice to y^ souldiers, y' vpon such a tra^"n-
ing day appointed, they be required to bring w"' them in y* forenoone all their
armes & ainunition into y* feild, y' is required by lawe, where they shallbe
approoved or disalowed by y iudgement of y' said cheife officer then iu y*
feild, w"" }-* clarke, w"^ have commonly more experience in y" fitnes of amies
the a y' clarke hath ; & to see y' eueiy souldier have one pound of ponder,
twenty bulletts, & two fathome of match, w"" muskett, sword, bandaleeres, «&
rest, vpon y" penalty of tenne shillings for euery defect, & to levye five shil-
Penaity for ab- lings forfeite vpou all souldiers y' shall be absent from traynings, or defects in
sence. watches & wardings, excep' they be dischardged by y^ cheife office' of y* com-

pany, & y' y* clarke, as often as he shall see occacon or doubt, is hereby
injoyned to vse all dilligence to veiw euery ones armes, whether he be com-
pleately fui-nished w* armes & amunition y" lawe requires.
Seamen as well That all inhabitants, seamen aswell as others, are to have armes in their

proTided mth howscs fitt for Service, w*"* pouder, bullets, match, as other souldiers ; & y'
arms, &c. fishermen, shipp carpenters, & others not exempted by lawe, shall watch or
pvide a sufficient man iu their roome, & to traine twice a yeere acording
to o''der.

That y^ millitary office'"^ of each company shall appointe what euery soul-
dier shall serve w*, so y* there maybe two thirds musketts ; & y' those y'
serve w"" pikes should have their co'sletts & head peeces.

That y* clarke shall, w"'in one weeke after euery trajTiIng day, truly
r*29.1 P'sent a list of y^ names of all y' are delinquents, *& of all y" defects of y'
band, to y^ cap' or cheife officer of y'' company, y' he may have them all iu a
redines to carry w"* him when y^ majo"^ of y^ regiment shall appointe his meet-
ing, w"** have not before given satisfaccon at home acording to lawe ; & y"
order y' gives power to j^ magis'^ to rele;ise vpon nou appearance is hereby
repealed.
Clerk to collect That y* clarke shall w"'out partiallity demand & receave all fines, -w'^ if

any shall refuse to pay, he shall make distresse vpon the goods of all such
psons as shall first by y' cheife officer of their oune company at home, or by
y^ maj""^ & cheife officers, mett together as before menconed, be iudged delin-
quents ; & y' y^ clarke, w"* y^ advice of y* cheife officers of their ounc com-
pany, shall speedily lay out all fines, reccaved cither in ensignc, drummes, hoi-

THE MASSACHUSETTS BAY IN NEW ENGLAND. 35

berds, candle or ■wood, for tlieir courte or guard, or to pvide powder or armes 1 G 4 5.
for y* poorer sorte, or oJ;lierwise, for y" best vse of y" company. Lastly, if "" ^ ^
any clarke of a baud being choseu, & accepts j-" place, & yett afterwards shall '

refuse to take his oath, shall pay forty shillings, & then y" company shall posing of fines,
choose another ; and all y' refuse y" oath as before to pay forty shillings a
peece till one doth hould, & he y' doth accept y'' place shall have a fowerth
pte of y" fines for his labor ; & y" order y* graunted them a third pte is hereby
repealed.

The forme of y'^ clarkes oath.

Yow shall tre-wly sweare to pforme y'' office of a clarke of a trained band Clerks oath,
to'y^ vttermost of yoiur abillity or indcvor, acording to y* pticule'^' specifyed in
this o'de'^. So helpe yo" God.

The oath of residents for fidellity to be first taken by all such as are not free-
men, & desire to have their votes in y" choice of their millitary office'''.
I, A B, being by Gods pvidence an inhabitant w^'in y" jurisdiccon of Residents
this comonweale, doe freely & sincerely acknowledge myself to be subiect to y*
gouerm"' thereof, & therefore doe heere sweare by y^ great & dreadful! name
of y* euerlivinge God, y' I will be trew & faithfull to y° same, & will acord-
ingly yeeld asistance therevnto w"' my pson & estate, as in eequity I am bounde ;
& will also trewly endevor to maintaiue & ^serve all y" libertyes & priviledges
thereof, submitting myself to y" wholesome lawes made & established by y"
same ; & further y' I will not plott nor practize any evill ag°^' it, nor consent
to any y' shall so doe, but will timely discouer y" same to lawfull authority
now here established for y<' ]>>veuting thereof. So helpe me God in y" Lord
Jesus Christ.

*For y' chardge of y'^ millitary watch in all townes. [*30.]

1. Itt is o'dered, y' y" watche shallbe sett, & have their chardge by y" Watchmen,
direction of y^ cheife office''' of y° place, halfe an hower after sonne setting.

2. The watch, being sett out, (w"='' wee thinke meete should stand dowble. Duty,
a pike & a muskett together,) shall examine all psons y' they shall meete w^'all
■(v">in y" compasse of their watch or round, & all such as they shall suspect to
carry to y^ courte of guarde till y" morning, & before they be dismissed to
carry them to their cheife office''s to be examined.

3. If y« sentinell or watch shall meete w"' such as shall pve to strong for To resist with
them, or by theu- carriage shall give iust cawse of suspition, or will not sub- l'^J^„ ' '
mitt to their coiiiand, or if they shall either drawe vpon them or oflFer any

such aff'ronts in words or accons as shall put them in feare or in hazard of

THE RECORDi OF THE COLONY OP

1G45.

Marshall to
collect tun-
nagc.

"Waterto-n-n,
petition of H.
Mason.

[*31.]

Public houses
to be granted
by the Court.

Price of beer
fixed.

Penalty for
drunkeness.

tlicir lives, they shall chardgc their pike & dischardge their muskctt rpon
them, & retourne w"" spcede to y'^ coin-tc of guarde, & raise an alarum ; pro-
•\ided alwayes, y' in times of peace, when the counsell of warre or y" cheife
millltary offices of any company shall not ap''hcnd dainger hy y nearenes of
an enemy, it shall not be in y"^ liberty of any sentinell to hazard y'' killing of
any pson or psons, except in his owne necessary defence ; but if y*" case
require it, he shall raise an alarum, & retire to y"= cou''te of guarde.

Itt is ordered, y' y'= marshall shall demand & take of all ni''s or marchants
y" tunnage or anco'age apointcd & ordered by this Cou'tc, to be paid from all
shipps by )■* m''s or ma''chants thereof, ■\v'''' is sixpence p tunne ; & of these
two shipps now hecre at an anco"', & of all other y' shall come in heereafter
acording to forme'' o"'der, giving an accomp' of what he shall reoeive to y*
coiliittee of y" five tonnes for y" Castle.

In answ'' to y" peticon of Lef Hugh ISIason, in y behalfe of y° toune of
Water Toune, itt is graunted y' y* vote of y^ last Gennerall Cou'te shall be
reveiwed ; provided, y" peticone''s defray y^ chardges of y" former Cou''te, &
also engage themselves to beare all chardges of any after trialls in this case,
& y' y^y doe pduce such evidence as hath not binn forme''ly nieuconed in this
Courte.

*Itt is ordered y' no man shallbe allowed to keepc publicke howse of en-
tertainemcnt for straingers or travellers, nor shall any one be a comon
victualler, innckeeper or keeper of a cookes shopp, vintner, tavcrnor, or pub-
licke seller of wjTie, ale, beere, strong water, w"'out allowance in some
Qua'^ter Cou'tc in y^ shiere where such doe dwell, vpon paine of forfeite of
twenty shillings p wecke whiles they continew w"'out y" said licence ; nor
shall any such psons as have publicke howses of entertainement, & have licence
to sell beere for not above two pence an ale quarte at home & y" same prize
abroad, vnder y' penalty of five shillings for eQy quarte sold above y° said
prize ; neither shall any such pson or psons formerly named suffer any to be
druncke or drincke excessively, or continew tipling above y* space of halfe an
hower, in any of their said howses, vnder y« penalty of five shillings for eQy
such offence suffered ; & eQy pson found druncke in y*^ said howses, or els-
■where, shall forfeite tenne shillings, & for eQy excessive di-incking he shall
forfeite three shillings & fewer pence ; ffor sitting idle & continewing drinck-
ing above halfe an hower, two shillings sixepence : & it is declared to be ex-
cessive drincking of wyne, when above halfe apinte of wyne is allowed at one
time for one pson to drincke ; j»vided, itt shall be lawfull for any strainger or
lodge'', or any pson or psons in an orderly way, to continew in such howses of
coiiion entertainement during mcale times, or vpon lawfull buisncs, what time

THE MASSACHUSETTS BAY IN XEW ENGLAND. 37

tlicir occacons shall require. Itt is further o''dcred, y' edy innckcejjcr shiill 1 G 4 5.
pvide for entertainement of strainge''s ho'scs, having an inclosure for summer, ^"^ "> '
& hay & pvender for winter. And if any pson offend in drunkenesse, exces-
sive or long drincking, y" second time, they shall pay double fines ; & if they
fall into y* same offence the third time, they shall pay treble fines ; & if y"
ptyes be not able to pay y" fines, then he y' is found druncke shallbe punished
by tenne stripes ; & he y' offends in excessive & long drincking, he shallbe
put into y" stockes for three howers, when y* weather is seasonable ; ' and if
they offend the fowe''th time, they shallbe put into p''ison, & there remayne till
they putt in two sufficient suertyes for their good behaviou"". Further, it is
ordered, y' any one magis'^ w*''in their seuerall shieres may heare & deter-
mine any offence or offences ag"^' this order, vpon dew conviccon by veiwe of
y" magis'^, by two wittnesses, or confession of y= ptyes, to levy y* said seuerall
fines by a warrant to y" constable for y' end, who shallbe accomptable to }'*
Treasurer of y* shiere for y'' same.

* Whereas it is found by to coiiion & sad experience in all ptes of y" coUo- [*32.]
ny, y' y" forceing of laborers & other workemen to take wyne in pay for their Labourers not

^ ^ to be paid their

labo'"s is a great nu''sery & Pparative to drunkenesse «&; vnlawfull tipling, oc- wages in wine.

caconing y^ private meetings of pphane psons, whereby youth is drawen aside

to lewdnes, j-« good creatures of God noto''iously abused, y" harts of Gods

people much sadned, y° profession of religion scandolized, & y" word

greatly dishono''ed, itt is the'fore o''dered & o''dayned by this Cou'te y' no la-

bo''er or workeman whatsoeuer shall, after y*' publicacon & promulgacon hereof,

be enforced or pressed to take wyne in pay for his labo''. And for furthe' ]p>ven-

tion o£ y' aforesaid eno''mityes & vnlawfull tiplings & excesse of drincking, itt

is hereby furthe' ordayned, y' no laborer or workeman w'^oeuer, after y" tenth

day of July next ensewing, vnder what p>tence soeuer, shall sell wyne, or make

payments of any debt therew*, either by retaile or otherwise, then in y" same

peece he takes y* same. And if any such pson or psons shall, notw"'standing,

offend contrary to this o'"der, shall forfeite & loose two shillings for euery quarte

of wyne so sould & disposed of

Itt is o''dered, y' ce'"taiue coiuissione''s shall be appointed by this C'ou''te, Committee on
& coiiiission graunted them to examine wittnesses about the French buisnes, & ^™''
prepare y' same ag"' y" next session of this Courte.

O' honno'ed Goflno', «& Lef Atherton, He''bert Pelham, Esq'', & Cap'
Cooke, M' Saltonstall, & M' Hau*''o''ne are chosen & appointed coinissione's,
& have hereby powe' to suinon wittnesses in their seuerall shieres, & apt to
examine them & search out the truth of y" French buisnes, as they shall see
cawse, & make their reports to y'^ next session of this Courte.

38 THE RECORDS OF THE COLONY OF

1 G 4 5. Itt is ordered, y' y"' S^cr' write a letter to the Narragansetts to desist

"^ "* ' from warre ou Vncus j and that another letter be writte to Benedict Arnold, to

dellve'' the messuage to the sacamore of the intrude'^s on y" land of Pomham &

Secretary to '-' ^

write to Nana- Sacoronoco, to come to vs or depte from their lands.

ganset.

pjjoo 1 *Whereas yow, S''g°' Maj"' Edward Gibbons, are cheife millitary ofEce'' of

Maor Gibbins ^^^^ trayne bond of the toune of Boston, yow are by this Courte required &
orders to. authorized to see the peace to be kept, both in the said toune & ha''bor, from
all hostile «&: mutinous attempts or insurrections ; & for that end there is here-
by coiuitted to yo' chardge all fortifficacons w"'in the said toune, & w"»all y*
ordinanc & aiuunition to the same belonging ; & yow shall alwayes have in a
readines one barrell of pouder for euery sixe peeces of ordinance, •w"^ 12 shott
& 5' of match. If any shipps w^'in yo' ha'bor shall quarrell, & shoote one
at another, whereby the people or bowses may be endangered, yow shall vse
your endevor & power to stay & suppresse such attempts, & to bring such shipp
or shipps vnder coinand, & to be in peace vntill the Magis*^ may assemble,
■whose further order & directions yow are to observe ; & yow shall take order to
have alwayes some souldie's listed, to be in a readines for any service yow shall
have occacon to imploy them in, by virtue of yo"" comission : & yow are to give
notice of the tenure of this coinission to all shipps ariving in the harbo' from
fo^aine ptes, w'^'in 24 howers after their coming to anchor. Vpon any neces-
sary occacon of yo' absence, yow shall leave yo' leiP, or next cheife office', to
take care of yo' chardge. This coinission to coutinew during the pleasure of
the Cou'te.

The like coinission is graunted to Maj" Eo^'' Seduicke in Charles Toune.

M'Dunster, Wee, whose names are herevnde'' written, having layd out M' Dunste's

farme as followeth, viz., the land lying betweene the ponds contiguous to M''
Glovers farme, being the southern bounds of this £irme, & running on w"^ the
great pond, from the south esterne bounds vnto the place where it is foardea-
ble ; Sudbury line for the northwesterne bounds, & for the no'th & no'th
esterne bounds the meadowes, to the quantity of fiffty sixe ac's, (if there
be so much,) abutting on whether side soefl a litle creeke y' runneth into
the great pond neare to the foresaid foard, & a streight lyne drauuefrom the
said creeke to Sudbury line, where it is nerest.

PETER NOYSE&
EDMOND RYSE.

M' Glovers Wee, whoso names arc vnde^vritten, have laid out M'^ Glove's ftu-me as

followeth, viz. : Sudl)nry lyne is tlio nortlieast bounds; y" no'thwest bounds

THE MASSACHUSETTS BAY IN NEW ENGLAND. 3{|

thereof is y' great river, the south cast bounds the river that issucth out of the 16 45.
great pond at Chochichowicke, the south east bounds from the place where the ' ' '
litle rive'' runns out of the great pond, till yow come to y*' northeast end of the
said pond, & so to the northwest end of y' litle pond, & from thence to the
no''theast end of the said litle pond, & from thence to the nerest place of Sud-
bury line, aco'ding to the ma'^ked trees. This is our retou''ne of the Courts
desire, this 7"> lO"", 1644.

THO: MAYHEW, PEETER NOYSE, EDMOND RISE.

*This Cou'te is adjou''ned till y" first 4"" day of the 8 mon'h, vnlesse the [*34.]
GoQno' see cawse to call the Courte sooner.

.ommittee on
mpresss men.

* Mt another Session of if Generall Courte of Eleccons, called by 12 August.
Wan-ants, by f Gouno\ f 12: 6 M" : 1645. t*35.]

P"sEJ.'T THEREAT, The GoQuo'', Depu' GoQno'', & y* rest of y^ Asist- By both

ants, w"" all the Depu's of y' last Gennerall Cou'"te, except
Lcf Atherton, who was sent out on speciall occacon.

Ci]}^ IIautho''ne chosen Speake'' for y' session.

ITT was resolved on y^ question, y', all things considered, wee conceave our- By both
selves bound (Vncus requiring it) to send forth ayde to him, for his de-
fence agn' y* tumultuous & iniurious inroads of y'^ Narragansetts on him & his.
M'' Speake"", Majo"" Gibbons, Cap' Cooke, & Cap* Jennison are chosen a
comittee to treat w* o"" honno'ed Magis*^ about the illegallity of y« comission"
pceedings in p^'essing o"" men beyond lawe & w">out rule ; & to moove y' ye
coiiiander of those forces have his coiliission from y« Gennerall Cou'te only.

Itts ordered, that there shallbe a millitary watch in all townes, & y' o" Miiitarywatch

es established.

honno''ed maj"' gennerall issue out his warrants to all millitary ofiicc'"s jj^ ^^^^
therefore. ^''^^'''^

Itts resolved vpon y* question y' y" p>sse lately chardged and issued out Pressing men
vuder y' hands & by y* power of y^ coiiiission''s of y« Vnited Collonyes is illegall.

The Howse of Depu** voted, y' y' comission & instrucobns signed by y' Orders to Lieu>
cofnission''s shall, by virtue of this oMer, be y' coiiiission & instruccons to be
coiiiitted to Lef Humfry Atherton & S'g"' DaVies, as cheife coinande'"s of
y'^ forty scut forth to ayd Vncus in his defence ag"' y" incu''sions of y" Narra-
gansetts on him ; signed by y'' Secret, & sent to y said lef .

THE RECORDS OF THE COLOiNY OP

G45.

[*3G.]

Guards to be
kept against
the Indians.
By both

Edwi Gibbon:
to con.niund

The IIowsc of Depu*^ desire to vnde'stand, from o'' hounored ISIagis'*,
■\\hat nombe'' of soiildie'"s y" propo''tioii of this coUony doth amount to for this
psent expedic(5n ; 2 "y, what time is thought most fitt for thcii- going out ; «&:
S'l'y, how these souklie'-s shall be furnished w'" amies, &(3 ; & 4""^, what y«
chardge of this expedicttn will amount vnto, y' so y* readiest way maybe
taken, & order made for y" expediting thereof; also to vnde''stand w"'er o''
homiored Magists conceave it not necessary y' there should be a genne''all oil
all y'= forces in y^ service to be imployed, & if so, then who he is.

*The answer of y* Magis's retou''ned is, y' y^ coinission's of y" Vnited
Collonyes have dete''mined y' y" whole nombe"" of souldie'"s to be pvided for
y'= psent cxpedicon in all y^ fowe' collonyes is 300 ; whereof o'' pte for y*
ISIassatusetts is 190 of this nombe'', there being already sen' 43, & 2 to attend
& bring backe y* ho''ses. The nombe'' now to be pvided is 147.

The time aijpointed for them to sett forth is y'^ 22"' of this moneth, at
furthest.

The randcvous is though' fittest to be at Boston ; that efly souldier is
to be sent ready armed, w"* muskett, sword, bandalcers, & knapsacke, or a
carabyne & halfe pike, & knapsacke & some corslctt, & cotton coates, & some
horses.

Itt is ordered, y' y" levy y' shall be issued out of this Cou'tc for this
exjjedicon shallbe y'' same, viz., 616' 15% & j)porconed as y" fo''me'' rate was.

Forasmuch as this Cou'te vpon good grounds conceave it a matf^ of great
conce''nmen' to secure (w' in them lyes) all tonnes w^'in this collony ag"' y*
expected iucu''sions of y" Indians, it is therefore ordered, y' y" cheife millitary
office''s of eQy company shall w"" all dilligence take order y' there be a daily
warde kept vpon y"" out skirts of their seuii tonnes y' lye M-^'in their seuli
chardges, & y' they send out carefull & daily scouts for y"^ rainging of y"
woods vpon y" borde''s of their sedii tonnes ; y" chardge to be given to y°
said warde or scouts, & y" mannaging of this buisnes be left to y" faithfulnes
of y'^ said cheife millitary office''s ; & it is furthe"^ ordered, & power is hereby
given to such millitary office's to p''esse such & so many ho''ses w"'iu y" limitts
of their chardges as they shall see necessary for y"= carefull dischai-dge of this
dayly service. This to stand in force till y"* Courte or y^ counsell of this coiii-
on weale shall take fu''ther order, fse'^ving y farmes asmuch as may be.

Tlie coinission''' of y* Vnited Collonyes, having considered of S'gn^ Maj°"
Edward Gibbons as a pson fitt to be imployed in cheife coiTiand oiii- all such
forces as ai'e now to be sent forth from all y* collonyes, in ayde of y" JNIohegin
sachem, have thought fitt to signify so much to yow, y' if vow shall not advise
vs of any thing w"^"" may be a just impediment hcrcvnto, wee may pceede to

THE MASSACHUSETTS BAY IN NEW ENGLAND. 41

give him a full call to y' service ; & w"'all it is desired if yo" thoughts con- 1 G 4 5.
curr w"' oui-s, yow will please to spare him from 'attending on y' buisnes of "" '' '
this Courte, y' he may p'"epare himself to be ready for y° iniployment he is r*^^ -i
now to be called to.

This Courte, considering y" dayly excersise w"^'' y'= seuerall townes w"'in
this collony are like to have by reason of y* ^sent warre w"* y" Indians, & ac-
compting it to be w*in y' cai-e of y'= Cou'"te to pvide for y" safety of cQy pte as-
well as y" whole, it is therefore ordered, & heereby power is given to y" Soldiers to be
cheifc coiiiander of eQy company to appointe out & to make choyce of thirty ^^^^ jjgg^_
souldie's of their companyes in y" hundi'ed, who shallbe ready at halfe an
howers warning vpon any service they shallbe putt vpon by their cheife milli-
taiy office's. And it is further ordered, y* y° trayne souldie''s of eQy company
shall forthw"' pvide themselves to be ready, w**" their armes ready fixed, &
y' they have powder, bulletts, match, & bandaleeres alwayes ready, acording to
former order ; as also y' edy souldier pvide liimself a knapsacke, to be in a
readines vpon any service they shall be called to at or before y« 25"» of y'
Psent 6 &. And if after y^ pfixed time any such souldier shallbe Avanting of
a knapsacke, y' then y« clarkes of y« bands w'Mn their seuerall companyes have
hereby power, & are hereby required, to distreine to y^ vallew of five shillings Penalty if defi-
vpon y= goods of all such as shallbe found to be defective herein, who shall
w"* pte of y" said fine pvide y^ said delinquent a good knapsacke, & y" clarke
shall have the rest for his paynes.

To y" s"'veyo'' gennerall of y'' aiiiunition.
By y^ authority of y" Gennerall Cou''te, yo"' are heereby required to pvide Surveyor gen-
forthw"" a sufficient quantity of muskett bulletts, pistoU bulletts, & swanne "'^ ' "" ^"
shott, & match ; & if yow have not in store leade & mould for casting y'= same,
y' then yow take vp so much lead, pis'oll bulletts, & swanne shott, & match,
where yo'^ cann finde y* same, as may se'^ve y* occacon, giving to y" ovmo's
seuerall ticketts, whereby they may receave dew satisfaccon from y^ Treasurer,
acording to y' rates for w'^'' such things are sould in y* shopps or warehowses
in Boston ; for w'^'' this shall be yo"' sufficien' warrant.

*Maj°'' Edward Gibbons is chosen coiiiando'' in cheife our all y'^ forces to [*38.]
be sent out by y" Vnlted Collonyes, by y" coiiiissione''s. The Howse of Dep- ^^''J' Gibbons

to review the

utyes, acCdrng to their desires, have dismissed y" majo' from his attendance troops and
on y^ buisnes of this Cou-'te, y' so he may the bette' p'epare himself for y"= dis- them"''"*
chardge of y" place he is called to.

The coinission''s, having considered y"' necessity of sending vessells to y*

VOL. III. 6

THE RECORDS OF THE COLONY OF

1015.

Lieu' Atherton
to command 43

[*39.]

By both

R. Fairbanks';
account.

Gofand coun-
sel to call the
Deputies, when
necessary.

Nanagansctts, w"^'' will require more men then the coiuande''s in this service
are willing to spare out of their land forces, desire y' such as are to be sen' in
y° said vessells may be an ouer nomnber, & y" chardge to be answered by the
whole confederacon ; & if neede require, there shall be an ouer nonmbe' pro-
porconably sent out of y^ other collonyes. The comissione's desire y* Gen-
ne'all Cou^'te to approove hereof. Voted & consented to by both howses.

M'" Lile is appointed chiru'"gion for y« souldie's y* are to be sent forth
in y expedicbn vnde'' y'^ coiiiand of Majo' Edward Gibbons.

Edmond Goodenough, on his request, grounded on y'' tounes speciall oc-
cacons, is dismissed this Cou''te.

Itt is o^'dered, y' Left Atherton be coiiiande'' in chcife ouer ye fTorty sent
forth v,''^ him, when o"^ forces meete vnde'' JNIajo"^ Gibbons, as cheife coiiiande''
our y*^ whole forces.

Whereas some of those souldie's vr'^ have binn sent forth already in y*
psent expedicbn, & others who are soone to be sent forth, have themselves, or
theu' m'"s or pai-en's, w''-' whome they lived, some co'ne & hay to be cutt doune
& pserved, v/'^^, by reason of their absence, will be in dainge'' to be lost, if care
be not taken for y'= same, its therefore ordered, & y' in eQy such case y' con-
stables of y" tounes, vpoii request made to him by y" ptye, shall pcure so much
helpe of men, if voluntai'ily they may bee had, or other-wise by im]p>sse, as shall
pforme so much of such worke as such souldier, if he had stayd at home, might
have donne in y^ inning & ^se^'ving such come or hay, y' pty paying y" ordinary
wages for y« same ; for w* this shallbe a sufficient warrant.

*^I'' W"" PcUam being nominated to this Cou'"te, by y*' toune of Sudbmy,
for their captaine, & Edmond Goodenow as their ensigne, were both accepted
tSc confirmed in those places by this Cou''te.

A bill of sixty & nyne pounds eighteene shillings & five pence, being
fsented to this Coui'te by Eich : Fairbanks, of many pticule's as dew to him
froni y" country, is accepted by y" Courte for a debt of sixty three pounds
nyne shillings, &d, dew to y* country from M' Edward Ting, so farr as it ap-
peares to be just by y° examinacon of y* s'^veyo' genne'll & "VV"' Parks.

This Cou''te, having taken into consideracon how the necessary affiiires of
this jurisdiccbn, whether they conce''ne this peculiarly, or have reference to y"
rest of o"^ confederated collonyes, may be dewly & speedily transacted in y®
vacancy of y° Genne''all Cou''te, for y satisfaccbn of y* coinissione''s, in respect
of y' weighty & suddayne occacons in hand, doth exp'csse, y' y'' Genne''all
Courte ought to be called by y" GoQn'^ when y° importance of y' buisnes doth
require it, &. y" time & optunity will safely admitt y" same ; and y' all other
necessary mattCs arc to be orde''cd & dispatched by y*^ majo'' pte of y'^ couucill

THE MASSACHUSETTS BAY IX NEW ENGLAND. 43

of y*" coiuon -n-ealth, & therefore to y' end lctte''s signifying brcifely y" buisnes 164 5.
& y time & place of meeting for consultacon ought to be sent vnto y'= Asis'an's. ' " '
Also, y' seven of y"= said Asis'an's meetings & y^ Gofln'", or Depu*^ Goan', be-
ing one, is a sufficient assembly to acte, by jessing of souldie''s or othc''wise.
And in case of extreame & vrgen' necessityes, when endevo''s are reasonably vsed
to call y^ Assis*an's together, & y^ buisnes to be dispatched will not admitt delay,
then y^ ac's of so many as doe assemble are to be accomp*ed valid & sufficyent.
Itt is intended y' y^ gennerall words above written contayne in them power to
f>sse & send forth souldie's, & presse all manne"" of victualls, vessells, & carriages,
& all other necessaryes, «& to send warrants to y' Treasurer to pay for them.

Itt is ordered, y' Lef Tory be cheife millitary office' in Hingham, & to
acte as othe'' cheife officer's till furthe' orde'.

*A note of pticule's agreed on of what will be needfull for the ^sent ex- [*-10.]
pedicbn, for the suply of 200 men.
Imprimis. Bread, tenne thousand ;
Pease, three hogsheads ;
Beife, 6 hogsheads cutt into messe peices ;
Fish, tenn kentalls ;
Oyle, tenne gallons ;
Vinegare, one hogshead ;
Strong water, one hogshead ;
Bea'c, one tunne ; (wync, at pleasure ;)
Oatmeale, one hogshead ;
Flower, two hogsheads ;
Butte"^, sixe firkings ;
Raysons of y° sonnc, two ba''lls ;
Suga', y-2 c' ;

Candells, one duzen ; *

Hatchetts & axes, one duzen.
Spades & shovells, thirty ;
Pick axes, sixe ;
Ketles, sixe, for boyling ;
Platte'^s, thu-ty sixe ;
Payles, tenne ;

Cannes, tenne, or potts, twenty ;
Salt, one hogshead ;
200 fathome of codlyne.
This Cou'te is adiou''ned to the fii-st 4* day of the 8 mon'h next.

[Pages •41 and •42 are blank.]

THE REC0RD3 OF THE COLONY OP

1645.

2 October.

[*43.]

By both
bowses.

Robert Bridges
appointed to
negotiate with
the French at
Acadia.

*Att if last Session of f Gennerall CoiCte of Eleccons, hegiinne the
2' of October, 1645.

P"SENT THERE.VT, Tlic Gofliio'', Depu' GoQu'', ■»-"' y'= rest of y«
Asistants, ]\P Pinchon excepted, w"' all the Depu's, Cap'
Wyggyn exccp'cd, & y"" Dcpu*" of Boston.

/~^AV^ Geo''ge Cooke, a membe'' of y" Ilowse of Depu", was chosen
^^ Speake'' for y" howse for this session.

LeP' Atherton & W"" Parkes are appointed a coiiiittee to examine all
such bills as are for y" expence of soiildiers, & others of like nature, before
they be subscribed for by y^ Treasurer.

Cap' W" Jennison, being to goe for Vi''ginia, at his request was dis-
missed y" service of y° Cou'tc.

Lef Willard, on y'' jjcticon of y« inhabitan's of Conco''d, was dismissed
from fFu'ther attending on y" service of this Cou'te for this session.

Whereas Cap' Rob' Bridges is thought a meete pson by both howses, &
by them imployed to negotiate w"' Mounsieu' De Aulnay, knight, lef gen-
nerall for y" King of Frannce, in y^ pvince of Accadye, on y° speciall affaii-es
of y" coinissione''s for y"^ Tnited CoUonyes, itt is ordered, y' Cap' Eob'
Bridges shall have two men, such as he shall make choyce of, & are willing
to goe w"* him, who may accompany him in y* service y" country hath called
him vnto j and that he shall have a youth to attend on him as a page in his
chamber, & all on y*" chardge of y" countrye.

Instructions
for him.
By both.

[•44.]

Instrucc5us agreed vpon by both howses ffor Cap' Rob' Bridges to obse''ve in
his negotiation.

1. Yow are to deliver y^ letter & other wrightings vnder y"^ hands of y°
coinissione''s to ISIounsieu'' De Aulnay.

2. Yow are to shew him yo' coiiiission.

3. Yow ai-e to desire him to signe to y'' artickles of peace in a like
wrighting, w"'' he may cawso to bee drawne vp, W^"^ if he shall, on considera-
tion, refuse, then yow are to know what ans"" he will retourne.

4. Yow shall declare to him how carefull wee have binn to keepe ye
artickles of agreement w"' him, ui that wee wholy refused to afFo''d Mouusieu'
La Tou'' any ayde, & did what lay in vs to restraine * volunteers, w* occa-
cCned him to leave vs when he did.

5. For sending home his ladyc, yow may assure him it was not our act ;
nor had v>ce reason to hinder it, seiug it was most meete for hu- to be w"' hir

THE MASSACHUSETTS BAY IN NEW ENGLAND. 45

husband : & for the cha''dge of hii- tianspo'^tacSa, that w^'^ was receavcd of 1 () -1 5.
Cap* Bayly was more then sufficien*, both for that & for hir expences here. " ^ ^

6. If he shall desire any explanacbn, addicon, &S, abou' y' artickles of
peace, yow shall desire him to sett doune his minde in writing, & yow may
pmise him it shallbe considered, & w'soeuer is just & reasonable shallbe
graunted.

In ans' to y" peticttn of Joseph Hills, in behalfe of il'' Thomas ^larsh, T. Marsh to
of London, for satisfaccon for an adventure of 33' 06% itt is ordered, y' y'^ pe- grated.
ticoner shall have so much land where he cann finde a convenien' place, as By both
his adventure, aco'ding to y" pporcbn agreed on for such adventures.

SI"' Allen & Sam : Basse, on their vrgent occacons, are dismissed from y« Allen & Bass
service of y" howse till y" 2* day at one of y" clocke, & so also is Lef^ Ather- *^°"'* •
ton to y° like time.

In ans' to y° peticon of Jo: Hill, S''g"' Jo: Davies, Jo: Chandler, By both.
Isaacke Walker, & Slathew Barnes, James Cutle"", &(?, in relacon to Nashaway ^^^ j^ . °^j'
plantacbn, itt is ordered, y' Jo: Hill, S'g"' Davies, Jo: Chandler, Isaack '"''^•
Walker, & Mathew Barnes, or any three of them, shall have pow' to sett out Jj^^ weston.
lotts to all y* plante''s, provided they sett not their howses to farr asunder ; &
y" greater lotts to be propo'conable to mens estates & chardges ; & y' no man
shall have his lott confirmed to him before he hath taken y" oath of fidellity
before some magis'.

In ans"^ to y" peticon of Geo''ge HepbouTne, Tho: Buttolph, James Goat skins noi
Johnson, Nath W'"% George ClyiFord, Tho: Goulbe, gloQs, ag»' y'' transpo'ta- '^^J.etjd'."^
con of goate skynnes vndressed, itt is ordered, y' Half Wooiy shall have By both.
liberty to transpo""! 8 dozen of goate skinns, w"'' he afSrmes he hath abeady
sould, to be dd into England, & y' for y* time to come, if he or any o'her
shall shipp any to be transported ou' of this ju''isdiccbn, vnless they be dressed
& made into gloves or other garments, all such skynnes shall bee forfeited to
y* comon wealth, or y= valew thereof if the skynnes canno' be found.

Att y^ reques* of y° inhabitan's of Dedham, M'^ Wheelocke is appointed,
& hereby hath coinissioii graunted him, to marry people there that are dewly
published.

*Whereas Cap* Rob' Bridges is imployed by this Courte to negotiate w"" r*45.]
Monsieu"' De Aulnay, knight, leP genne'"all for y King of Fraunce, in y* pvince By both
of Acadyc, on y* speciall affaiies of y"" coinission'^s of y* Vnited Collonyes of Robert Brid'ea
New England, in a vessell of ^ ^ whereof M' Allen is m"', theis are P^'ssport.
therefore to requhe all psons of this ju'^isdiccon to be assistan* to him as neede
maybe, & to desire all other our loving neighbo''s to affoo'd him such cu''tesyes
as occacon may call for, & wee shall be ready to requite them w**" the like when

THE REC0RD3 OF THE COLONY OF

1645.

2 October.
Committee oi
roads.
By both
bowses.

By both
bowses.

By both.

J. Glover, farm

confirmed to

[*46.]

By both
bowses.
Commission"
to form a code
of laws.

optunity shall serve. In testimony whereof, I, Thomas Dudley, Gofln' of y*
Massatusetts, have caused y" publickc scale of o" collony to be hereto af-
fixed.

Lef' Tory, Lef Athu-ton, & Stephen Kmgsly are appointed by this
Cou"'te to veiw y" neeres' way betweene Dorchester & Weimouth, «&; to re-
tou^ne their thoughts to y^ next sitting of y" Genne''all Cou'^te.

Alia innp'sesentiarum non datura scribendi occatlo, nisi vt delagatorum
foedaratarum No:Angi coloniarum intentionem tibi inscriptis secundum pactum
exhibe'e, et vestram. Ittidem (si raodo placet) pacis inchoatae confii-mationem re-
cipere possimus in quem finem gennerosum hunc nobis charissimum ducem Ko-
be'tum Bridges ad te delegatum velimus p quem etiam actiones et intentiones
nostrse tibi clarius innotescere queant quam ante hac fo'san ex fama mendaci
ppisce'e possis vestrum quoq, in nos animum, quod ab alijs et videre possit
hactenus non intelligimus, a te metipso p quierrere instrucHis est quibus
vtrinq, pspectis et queritionibus et offencis quibus tunq, tempore optuno se-
cundum delagato''um ppositlonem ex a;quo compossitis pacis hinc
ex mutua benevolentia et omnibus vicinitatis officijs vtriq, genti ad bonum
fructum redundare possis.

In ans' to y'= peticon of y" children, executrixe, & oQseers of y'= last will
& testamen' of M"^ Thomas Newbe'^y, late of Dorchester, deceased, for y" con-
firmation of y" ffarme of y* said Thomas Newbe^y to M'' John Glour, of Dor-
ches'er, of whom they acknowledged to have receaved full satisficcon ; in
consideracSn whereof their peticon is ffully graunted, & y^ farme confirmed to
y* said Jo Glour & his heires.

The Cou''te is adiou^ned till y" 7"^ day of this instan* mo, at one of y*
clocke, at w* time y^ Cou't met againe.

Vpon a peticon of Rich: Saltonstall, Esquier, for justice to be donne on
Cap' Smith & M' Keysa"' for their iniu''ious dealing w"" y* negroes at Gynnye,
■y° peticSn was graunted ; & ordered, y' Cap' Smith & ^ M' Kelsar be laid
hold on & coinltted to give ansr in convenient time thereabouts.

* Whereas this Cou^'te, in a fo''me'' session, chose & appointed seuerall
honno''ed membe"^s of this coiuon weale, as coinissioners in their seuerall shieres,
to meete together in some convenient place w""in each shiere, to consult to-
gether, & to retourne to this Cou'te a result of their thoughts, that this Cou''te
may pceed therevpon to satisfye y^ expcctacon of y° counti-y in establishing a
body of lawes, this Cou'te thinkes it meete to desire the psons in that order
menconed, IM'' Bellingham being added to them for Suffolke, ]\I' Symonds in
his roome for Essex, M'' Joseph Hill in Cai)' Cookes roome, M'' Knowles in M'
Aliens roome, & M' Glover in M' Prichards roome, & y* care of calling each

7 October.

THE MASSACHUSETTS BAY IN NEW ENGLAND. 47

coililttcc ill Boston for Suffolkc, in Ipswich for Essex, & in Cambridge for 1 G 4 5.
Midlesex, to M'' Bellinghm for Boston, M'^ Pellam for Cambridge, & 'M" Sy-
monds for Ipswich, to their seuerall meetings for y^ accomplishmcn' of that
end so desired, & to make their retourue of what they shall doe herein to the
next sitting of the Gennerall Cou''te.

In ans"" to y° petioon of W™ Davies, sonne to W™ Da^aes, deceased, vpon w» Davis
the acknowledgmen' of John Coudall & Ma'"y his wife, being fully satisfyed ^ , ^^^^
for a bargaine of sale of a certaine howse in Boston, w"* two acke''s of land, in howses.
that lease largely appeareth, liis peticQn was gramited, & the said house &
lands confirmed to him, y* said W"" Davies, & his heires fo''eur.

In ans' to y° peticbn of W" Wilson, keeper of y'= p'"ison, itt was graunt- By both
cd that the sixe yards of trucking cloth sent w"' the attend""^ of Cap' ''^^^^^•
Bridges ^ ^ ^

Itt is o''dered, y' i\I'^ Joseph Cooke shall, in y-^ absence of Cap' Cooke, By both
take care of y* company of Cambridge till y^ Cou'te shall take fuHher order,
& y' on y^ tounos request, John Stedman be establish' ensigne to the company
there.

It ans"" to y° peticon of seuerall inhabitan's of Ma''ble-head, itt was By both
graunted y' Arthu' Sandyn should have liberty to sell wyne there.

Forasmuch as this Cou''te hath fo'"me'ly graunted that there should be a Viilogo upon
villasce vpon Ipswich River, att or nere a place called the New Meadowes, & ''^""^
forasmuch as certaine of the inhabitan'" of Ipswich who have farmes impved howses.
neere thercvnto, & doe desire that a minis'er might be setled there to dis-
pence the word to y« ^sent inhabitan'^ & such others as shall plan' themselves
at the said village, whom yett, no'w"'standing they are no wayes able in any
comfo''table manne' to maintaine a minister, & doe defray other necessary
chardges of y' place, if w"'all they should be liable to all other rates & pub-
liq, chardges of y" toune of Ipswich, this Cou^e doth therefore hereby order,
that cither the whole toune of Ipswich shall ajquaUy contribute (w"^ such of
their inhabitan'^ as have lands in or neere the said village) to the maintenance
of a minister & all o'^'er publicq. chardges inciden' to such a village ; or else
y° aforesaid inhabitan'^ that have lands nere the said village, & shall con-
tribute to y" maintenance of a minister there & other necessary chardges,
shallbe freed from all manner of rates, chardges, or contribu'ions to the
toune of Ipswich for their land & stocke in or belonging to y" said village.

Itt is o' dered, y' Straweberry Bancke & Dover be sen' to for what they
stand indebted to y" country for their depu'^ dlett & Cour'e chardges, & cou''se
taken for it.

*In ans' to y*^ peticon of S' Pdeh' Saltonstall, for seuerall soiTies of raony [*-i7.]

48 THE RECORDS OF THE COLONY OF

164 5. w"* lie fo''me''ly laid out for the vsc of tliis country, itt is ordered, y' for five
barrells of pouder he sen' hither he shallbe allowed thirty pounds, for his ex-
ponces in the country suite vpon y" quo ■\va"'anto twenty pounds, fFor monyes
paid to ^M"^ White & JM'^ Ballard ffifFty pounds, ou' of vf"^ is to be deducted
petition. nyne pounds y' Rob' Saltonstall hath had ; and for his monyes put in as his

adventure he is to be allowed his just pporcou of lands, as other adventurers
& unde'^takers have vpon peticon to this Courte : for his mony deliuered to
Pont, y** Cou^e seeth no cawse to allow it.
w. Hawthorne In ans"" to y^ peticon of Cap' W" Hau"'o''ne fFor 250 ac'"es of laud to be

B both adioyned to Majo' Genne''all Endecotts farme, at y° west end thereof, so as he

j)cu''e y'^ consent of y" inhabitan''' of Eowley, in whose bounds it is, fFor •w'^^
itt is o'dered, y' they shall have liberty to take so much land in some other
place at the end of their 8 miles.

By both. The oath for y'^ ju'y for life & death agreed on by both houses.

Jurymen oath. _ /.*i'i/--.i. 'nn

low doe sweare by the great name of y' Almighty bod, y' yow will well
& trewly try & trew deliuerance make of such p''isono''s at y"" barre as yow
shall have in chardge, aco''ding to yo'' evidence. So help yow God.

D. Gov, re- Itt is o'"dered, on y" request of o'' honno'"ed Dep"' Goiin'', y' y^ 50* fo'

ques 0 . ine''ly graunted him for his service in y'= place of GoQn'', anno 1642, be paid

By both. •' ^ •' ^ ' > f

him out of the treasury, deducting 5** fFor Katharine, one of y° maids

brought ouer on the countryes stocke.

J. Gonkiyn. In ans'' to y" peticon of John Conklin & Annanias Conklin for the ncg-

By both. jgj,t of jj^g yndertakers of y>= glasseworke these 3 yeeres past, either to be free

Petition of

glassworks to pvidc for themselves or to leave it of in regard of y" publicq. interest,
their request is graunted, provided that if any of the ptyes interes'ed shall,
vpon timely notice, shew cawse at y* next Q''f Courte a' Boston, wherevpon y'
magis'^ shall judge it oequall that the cawse should haA^e further hearing, then
the full ansr & determinacbu of this peticon shallbe deferred to the next Gen-
ne''ll Cou''te ; otherwise the peticSne" shallbe at liberty, acording to theii-
desire.
By both. Itt is ordered by this Cou''tc, that Eicli'^ Saltous'all, Esq', & Cap' George

in"Ei"'und"'''^^ Cooke shallbe joyned w"" ^L' Pocoke & other o' coinission''s in England, in
negotiating for vs before y*' right honno'able the Earle of "Wanvicke & the
rest of the coinissione''s for plautacbus, &c, or before the high Cou'te of
Parliamen', if occacon require, concerning the 2 late graunts or charte''s
for goucrmcn' or jurisdiccou in the lands adioyning to the Narragansett Bay.

Letter to M'
R. WiUiaras,
Providence.

THE MASSACHUSETTS BAY IN NEW ENGLAND. 49

A coppy of a letter sen' to ]\I'' W'"% of Providence. 1 G 4 5.

S', wee receavcd lately ou' of Ensrland a charter from v" authority of v° _ ^ ,

JO J J J ■; October.

high Cou'"te of Parliamen', beareing date 10"> Dccembe'", 1643, whereby y° Nar- By both,
ragansctt Bay, & a certaine tract of land wherein Providence & y° Hand of
Quidny arc included, W^** wee thought *fitt to give yow, & other our country
men in those Jits, notice of, y* yow may forbeare to excercise any jurisdiccon l*'^^-]
therein, otherwise to appeare at our next Gemie"'all Cou^'te, to be holden the
first 4:^'-^ day of y° 8 mon"", to shew by what right yow claime any such juris-
diccon ; for v/"^ purpose yo''self & other yo' neighbo'^s shall have free liberty to
come, stay, & retourne, as the occacon of y° said buisnes shall requu-e. Daf^
at Boston, in y« ]\Iattatusetts, 27: 6 &, 1645. To M"^ Eoge-- W"'^ of Provi-
dence, bv o"'der of y" counsel!.

^ INCREASE NOWELL, Sec'.

In ans"" to a petiubn of seuerall inhabitants of y"' toune of Braintree, fFor By both,
y app''obacon of this Cou''te, to goe & plant a tounc in y" place where INI' ^- ^- '=°°'- ^'"
Go''ton did live, itt was graunted, so as they take not vp above 10000 ac's ; & Braintree
that seven be freemen, to dispose of toune affaires, & that they build tenn '"habitants

•' petition.

howses there w^Hn this twelve monk's.

A lette"' to ]M'' W™% of Piscataq..

Boston, y- 14"^ 8 &, 1645. U October.

M"" W""' : Y= Cou'te, vnderstanding y' y"= negroes w"''' Gap' Smyth Smith By both.
brought were fraudulen'ly & iniuriously taken & brough' from Gynny, by \vin^^ '"
Cap' Smiths confession, & the rest of y" company, doth resolve to send them
backe, & therefore doe desire y' the negro w'='' yow had of Cap' Smyth be
forthw"' sent hither, that he maybe sent home w"'out delay. If yow have
ought to alleadge why yow should not retou'lie him, to be disposed of by the
Cou''te, itt willbe expected yow should forthwith make it appeare, either by
yo'self or yo' agen', but not to make any excuse or delay.

Vpon y'= peticon of J\I'' Stephen Winthrop & Cap' Joseph Weld for the Stephen Win-

throp petition.

By both.

country to beare their chardges, & save them harmelesse in y^ suite betweene
Alderman Barkly & them, w"" respec' to a judg™' here recouered ag"' the said
alde'"man for y« Lady De la Ton'', itt was answered, that there should be a
ce'tifEcate of the tru"' of y" Cou'ts pccedings in y" suite, & leave them to
their lawfull remedy ag"' the said Alderman Barkley.

In ans' to y" peticon of M"' Thomas Foule, for y" countrye to beare his By both.
chardges for Alderman Barkley staying his shipp, w"' rclacon to y- judg™' ag"' tj'tlon^""''' '"''

VOL. III. 7

sold.

50 THE RECORDS OF THE COLONY OF

1645. y said alile'inan, the C'ou'"tc ans" him as they did ^P Wiu'lu-op & ]NP Wekl,

as above.

Ill alls'' to y"" pcticoii of Eob' Turner, for his debt dew to him, itt

is ordered, y' he shallbc allowed after 8' p ecu'' for fo''bearaiice, & y' he
•^' °* ■ shall have a warraii' to the Treasu'"er to make good & speedy payment of

y'' M'hole.
By both. Itt is ordered, y' ^NP Hob' Sal'onstall, giving an full acquittance to y"

fcc'^stiXd"" ^^'^'■'^ ^°^" '^'''^^^^ '^^^^^ ^'^'^ ^^'^"^^'' '° '^^ ^^'■'^^^ Saltons'all, y' he rcceavcs by vir'ue

of his fatlie'"s letter of atto'ncy to him, shall have what is allowed by y" coiuit-

tce, so as, before he receave satisficcon, he pay his fine of 10* for his grosse

abuse ; the audlto'' signing him a bill to the Trcasu''e'' for it.
[*49.] *Itt is ordered, y' if M" Stoughton bringe two sufEcycn' men, or more,

By both. to answer the counfy for what hir late husband stands indebted to the

to give securi- Country to y^ satisfaccon of y" audito'' geiiue''all, shee shallbc dischardged
^- therefrom by y" audlto^

By both. Itt is o''dercd by this Cou^te, y' y" s^'veyo" genne'"all shall hereby have

poAve' to sell all y° countryes amies vnto any pson o"^ psons inhabiting w*''in

this jurisdiccon, he giving an acconipt for what he shall sell vnto y° audito'

geiiiie''all.
By both. Itt is ordered, y' y" associats of y" Cou''ts at Salem & Ipsulch, for y"

time being, shall continew as associa'^ till this C'au''tc take further o''der.

18: Ociob.
18 October. The Cou'te, not taking it well, y' y" Castle is & hath binn so long neg-

Castlerepairs 1 .J ^^ bv y'= scil" touues y' vndertooke the finishing thereof, doe o'de'', y'

Towns fined, if •' •' •' o '

neglected. if, by the last of this instant month, the toune of Boston finish not y'' pte w"^''
^^ """ ■ belongs to them at y° Castle, as hanging of y« gates, o'^ elce they shallbe fined

twenty pounds, &,for eiiy day y' any thing w"^ belongs to be donne by Bos-
ton, & is not donne afte"^ that day, they shall fo'feite five povnds a day mo'e ;
& so for Do'^cheste'", Charles Toune, & Cambridge, w' workc socil belongs to
any of them to doe, & is not donne w"'in this fortnight from this day, to
be fined twenty pounds a peece, & five pounds a day for euy day y* any
thing belonging to any of those tonnes arc vndonne, or not finish' afte" that
time.
Committee to Itt is o''de'"ed, y' 51'' liibblngs, M'' Spa'haukc, & Edward Rawson shall

audit y'' accomp'* of M'' DoAvning & INIaj"'' Nehemiah Bou'^nc for y'' debt w''''
v" last yeere INI"' Donning was quEcstioned for, if it maybe in y" sitting of y'
Cou''te, or els before the sliipp goes away for England ; & they have hereby
power to summon them, <S: ajipoint the time of meeting for y' end, & cither

nudit accounts,
By both.

THK MASSACIIlfSETTS BAY IN NEW ENGLAND. 51

to signc liim or them a bill to the Treasurer, if any tlung be dew to liim or 1 (5 4 5.
them from V' country, or to vse all y' mcanes they caune, or y° lawc aftbo''ds, ' '^ '
to pcu'e ■w'' dew to y* countiy from him or them, as shall appearc.

*Itt is o''de''cd, y' y somme of six'y pounds, w"^ j" Depu*s engaged them- [*50.]
selves to pay to James Penn in mony, wheate, beavo^ barly, or catle, y" Byboih.
same not being pformed, shall forthwith be paid by y Treasu''er, aco''ding to y money to be p".
said engagement.

The Cou''te, being often troubled w''-" y° suits of pticule"" psons, doe o'"de'' By both.
y' M'' Smith shall pay twenty nobles for y'= defraying y" chardge of y° Courte p^y court "
in y" hearing of his cawse, & y' y" toune of Ipsuich & y" peticbn'"s of y'= New '^'^^■^s''^-

. . ' '\Vateitoi\-u.

Meadowes shall pay ffive pounds for y* time their cawse tooke vp in this
Cou'"te ; ffiffty shillings y'^ toune, & ffiifty shillings y"* petic6n'"s ; & y* Wate''-
touno' shall pay ffifftcene pounds for y" time their cawse tooke vp y^ last
Cou'tc.

Nicolas Symkins, swo'ne, saith y' he carryed to y'' Castle three peeces of M' Beiiingham
ordnance in a lighter, for y° countrys vse, av hereof one was a sac''e, w* M"^ ^ a^eagun.
Bellinghm sayd was his ounc, & some of y' people said y' it was M' Bcl-
linghm guiie ; this was a tcnn ycrcs agonnc. Deposed before Tho. Dudley,
GoQ, 21 Octot, 1645.

Itt is o""dered, y' y" s''vcyo'' gcnnell deliur the same or y° like gunne to By both.
M' Bellinghm.

In ans"' to y"" peticijn of Em : Douning, Nclic : Bou''ne, Rob' Seduikc, Tho : Anabaptist
Foule, w*"" others, for y"* abrogacon or alte''acon of y"^ lawes ag"' y° Anabap'**, ,Q,.jg
and y' lawo y' requires speciall allowance for new comc''s residing here, itt is ^y both-
ordered, y' y" lawcs in y"' peticou mcnconcd shall not be altered or cxplayncd
at all.

For y" bette"^ defraying the great chardgcs y' necessarily attends the pul)- Wines, duty
licq, occacons of this coilion weale, w"^ by all is desired to be lessened as
much as may be, itt is ordered, y' cfly pson that shall receave any wynes
from any vessell a shore on any ptc of this jurisdiccon shall pay to the office's
appointed to receave it, for cuery butt of sacke 10% & so pporconable for
lesser vessells ; & for euery hogshead of French wyncs t\\o shillings sixe
pence, & so proporcona>sle for lesser vessells, w'^in sixe dayes after his receip'
thereof, either in mony, good ma''chantable bevor, or in the bes' of y" same
wyac, at the marchan's imzc. And if there be any pson that shall not, w*''in
fower dayes after the receipt of any *wynes a shore, enter the same into the [*51.1
booke of the said offic"", or his depu-, so much as shallbe found or p^'ooved to By both
be receaved, & not entered into y" said office''s booke, shall be forfeite to the
sole vse & bcncfitt of y" country & officer ; halfo to the country, & halfe to y"

THE RECOKDS OF THE COLONY OP

1G45.

G. Carpentc
petition.

[*53.]

By y l)epu",
Fines to be
paid.

E. Saltonstall
petition.

By both.
Maj' Gibbons

By both.
Committee to
examine ac-
counts.

By both.
J. Sherman
clerke of writs.
By both.

to ^ collected.

officer, or the worth thereof in like good pay, as before ; & all fo''mer orders
for any rule or imposicon vpon wynes be invalid, & hereby repealed.

Vpon a peticbn of M"' Gilbert Carpenter, for a review of the rep'^isall of
his shipp, ^senting new evidence, his peticbn was grauntcd, the case heard, &
y" evidence examined. Ypon all W'' ^ ^ ^

[The remainder of this page and page *J2 blank]

*M' Samuell Shei^'^d, being to goc for England, at his request was dis-
missed li-om further attending on the service of y* Cou'te.

Itt is ordered, whoeuer is fyned by the Howse of Depu'% & hath not or
shall not pay his fine, though it be but sixe pence, for cfly sixe pence as is
not paid, w'Mn three dayes after he shall be fined, to y" Treasii''er appointed
to receave the fines, not giving a reasonable ans"' to satisfaccon, shall be called,
by the Speaker for the time being, to y' barrc, & there answer his contemp*
for the breach of this o'dcr.

On y° peticbn of Eichard Saltonstall, Escp, M"" Hlbbcns is appohited in M'
Jlayhews roonie, to joyne w"" INI"' Nowell, to examine, take, & perfect y° ac-
compts of the said Richard Saltonstall, in respect of ]\I' Dillinghm, deceased,
whose exccuto' he was.

Itt is ordered by this Cou''te, y' y' s''veyo'" gcnne''all shall hereby have
power to sell all the countryes amies vnto any psons inhabiting w*''in this col-
lony, & to give an accomp' of all such amies sould by him vnto the audito'
gennc''all.

Itt is ordcrcrd, y' Majo"" Edward Gibbons shallbe putt to take his oath,
truly to discouer w' goods belonging to y" Canary nia''chants arc now rcmavni-
ing in his hands.

Itt is ordered by this Cou'te, y' ^l" Pellham & JNI'' Hibbings shall have
power to examine the accomp's betweene JNI' Humfry & M' Eob' Saltonstall,
& to take order y' if ]M'' Saltonstall hath receaved of M' Humfrys estate more
then was dew to him, ho may make dew satisfaccon before y'' ship goes for
Engld.

.Tohn Sherman, at y'' request of y'' toune of A\'ate"toune, is chosen clarke
of y'' writts there, instced of M" Aires.

The Howse of Depu*" conccave themselves bound to atfoord the office"
for the custome of wynes all jus' power to come to y" ccrtaine knowledge of
w' wynes, by any pson w'soeuer, in this jurisdicGon, hath binn drawen or is
begunne to be drawen by them, or any of them ; therefore o''der y' all such
psons, liccns' or not, shall be suiiioned to y" next Qua''ter Cou'te, there to give
in vpon oath the truth of what they, or either of them, doth or hath donnc,
to y"-' sutisfaccbu of s-' said office'', & that such as are licens' & have not given into

THE MASSACHUSETTS BAY IN NEW ENGLAND. 53

y"= Q'-f Cou'^ts the tru"' of w' they have donne are contemne'"s of the lawc, 1 G 4 5.
& should be fined for their contempt thereof; this to reach to Douer & Straw- ' ' "^

18 October.

berry Bancke also.

Itt is ordered, y' v" five pounds, w'^ W Pellani disbu-'sed to Cap' Bridges M' PeUam to

... be paid money

in ready mony for y countrycs occac6ns, be forthw"» paid him in the best pay disbursed.
the Treasurer shall receave, although he should not demand the same.

In ans' to y'= peticijn of Ephraim Child & Jo: Heiward, in behalf of
Sam : Phillips, y= ans'' referred to y" next Q^"" Cou'te, at Decembe''.

•The petiuon of Richard SaUonstall, Escp, M'^ Symon Bradstrectt, M'^ Sam [*54.]
Symonds, M'' Richard DuiTier, M'' W" Hubbard, Cap'AV'" Ilauthorne, & >
M' W"" Payne. To y" Genne^all Cou''tc.
Whereas vo' peticone''s, w'-' some others, have some thoughts of a dis- RicM Salton-

stall and others

couery of y^ great lakes, & other lakes that lye vp in the countryc, & to build incorporated

Ti 1 • f 1 ,1 . •« into a tradinpf

some tradmg howse, or bowses, ni tree places vpon tlie coasts or rive's, wee po„ „,,
therefore thought good, before wee putt ou''selvcs to chardges, to moove this By both
honnored Cou''tc for the furtherance of this designe, to graunt vs these things
following, (viz. :) First, y* wee may be established by o'^der of this Cou''te, as a
free company of adventurers, w*'> liberty to admitt & advancement of the
worke, & to make such wholsoiTi o'dcrs for the well mannaglng of our trade as
is graunted vnto such companycs in other pts. Secondly, y' w*soeuer ti'ade
■wee shall discouer w'-'in y" compasse of three yeeres next ensewing, (if y'
Lord blesse oui- indevo^) wee may enioy It solely to o''selves, & if y'^ rest of y®
company, for y^ space of twenty yeeres after such discouery made & howses
built, w"* full poAver & authority from this Cou'^te to inhibite & restraine all
other psons w'^oeuer, during y' terme aforesd, y' shall attempt any trade by
vs so discouered or setled, w""out y° warrant of the aforesaid company, or if
they have or shall intermedle therein as aforesaid, that then it may be lawfull
for vs to seize vpon such goods so traded ; & wee humbly desire y" favo'' of
this Cou'te to graunt vs yo"" letters vuder the publick seale to y° French or
any other w"' whom wee may necessarily have to doe in the psecuting hereof,
for the further countenancing of our pcecdings. Lastly, wee desire the like lib-
erty & power for y"* vse of a caravan, to be advanced any way vp in the coun-
try as farr as wee shall thiukc nicetc : provided, it shall be lawfull for any man
to sett vp any trading howse & to trade in or vpon any such rivers, so as the
same be not w*in 20 myles of any such trading howse as this company shall
erect. Itt is intended that no trading howse shallbe erected w'l'in 50 miles of
any plantacon w"* such like priviledg that is in our jurisdiccon, viz., planted
by the English ; and it is intended y' any man A\"'in our jurisdiccon may put

54 thp: re(^ords of tiik colony of

1G45. ill liis adventure & be of the company, so as he cometli in Av^'in 12 mou"'':
' '' ^ pvided also, that if all the "S'nited Collonyes shall agree vuto & carry on a

18 October. ■ 1 c 1 " 1 1 •

genne''all trade at any tunc hereaitcr, that then this company shall surcease
from going on in this -way of pticuler trade w"" such as have like po-\ver of
pticuler trade, so as there be first dew satisfaccon made to this company, &
other that shall be expended about the psecution of the said pticuler trade.
Tliis peticon is graunted, pvided that these adventurers shall not contradict
the former graunt to 31'' Hill & y" rest.

Whereas this Cou'te hath found by much experience w' damage y' coun-
try sustaynes for want of keeping exact accomp'^ of all monyes that is dew to
the country, either by guifts, fynes, rates, legacyes, & otheruise, as also of
[*55.] monyes issewing from the countiy vpou seuerall occacons, *they have thought
fitt, this 15"^ October, 1645, to elect & make choyce of Left Nathaniell Dun-
combe to be aiiditor geime^iU for this country, & have conferred vpon him tlrirty
pounds p ann during the pleasure of the Cou'^te, to be paid him by the country
for his paynes & care that he shall take in the faithfull dischardg of his place,
who is also to take his oath for the dew & faithfull execution of his office
when he shallbe called thcrcvnto, who shall give an accompt thereof to this
Cou''te as often as he shall be thcrcvnto required. Itt is therefore ordered by
N. Duncombe t^i* Cou''tc, 1. That the said audito'' genne''all shallbe carefuU to place no
auditor gener- ^^^^ ^.^^^^^ ^^^ country W" doth not rightly belong to them to pay, or ^y■'^ doth
more properly belong to any coUony, toune, or pticuler psons to dischardgc,
and if there should be any dowbts arising herem, or in any such like paymen'%
that he suspend the payment thereof till this Cou'tc hath determined the same.
By both 2. That he shall examine all notes, bills, & accompts vpon V^ the coun-

owscs. ^^.^^ -g j.^ make payment or satisfaccon to any pson, & to agree w''-" them about

the rates & prizes sett doune if they seeme to him vm-easonaLlc, or if they
have not before binn agreed av'^, & that for the future he shall passe no bills
to y" Treasurer to pay except they bring pticuler notes vndor the hands of
such as have receaved or taken vp any thing for w'"'' the country is to be
chardged w"', as for fferriages, messuages, diett, & such like things, & the
Treasure'' shall not allow any bill before it hath binn signed by y" audito"",
who is to be an cequall judge betweene the credito'' & y"" country, that wrong
may not willingly be donne either way.
Rules & reg- 3. That hc kccpe pfect bookes of accomp's of all such things that shall

ulations to di- p^ggg thorough his hands, appertaining to y country, or signed by him, to be
paid by the country, as also of all debts & dewes belonging to the coantiy,
either bv fines, rate>, guiftcs, legacyes, rents, customcs, imposicon?, or any

THE 3IASSACHU3ETT3 BAY IN NEW ENGLAND. 55

othcrway ; and tliat he may the bette"' doe it, the Sec'"eta''y, from time to time, 1 G 4 5.
after cucrv session of the Gcnne'all Cou'te, & at the end of eucry Quarter '' '

18 October.

Cou''te, or any other, give notes of all fines or pfhtts that shall arise or appcr-
taine to y'^ country, by entering of acctins, or any other way, that he may enter
them into his bookc, & take o''der for theii- recouery at the times agreed vpon.
And to that end power is hereby given him to suinon & call before hun
all ff;irme''s or other ofhc's, that are to receavc any ciistomes, imposicons, or
rents, belonging to the country, & to take theii' accomp's, & to o''der ^theii-
paying of them into the Treasu^'er, aco''ding to the times agreed vpon ; also,
to call before him any pson that is indebted to the country, at such time &
place as he shall appointe, to give accomp'^ of such debts. He ha*'^ also power
to issue out warrants to psecutc, by cou''se of lawe, any such debto"^ as, being
fotmd in arrerages, shall not, vpon demand, make deAV satisfaccon thereof; &
that the ma'"shall be ready to dischardge his i^lacc, in niatte'"s of this natu''c,
when the audito'' shall requu-e him therevnto.

4. That he take care y* all such as bring suites & controuersyes into the
Gennerall Courte shall pay y° chardges of Cou'"te for so long time as they

shall spend in the hearing or determining thereof, *aco''ding to a former order [*56.1
of this Cou'tc made to that end.

5. That he take notice of eucry rate y' is graunted from time to time, &
how it is ppo'cbned to eQy toune, & make the Treasurer debto"" for so much,
y' so y' country may have a just accomp' ; & he hath power at any time to ex-
amine or view the TreasuV^ accomp'^, that so his owne bookes & accompts
maybe y° more pfect & ready ; & if any difference or difficulty should ari§e
betweene y"' audito' & Treasu''o'', or y' the Treasu'e' should thinke it apper-
taines to y'= audito' to looke after, that, in such cases, they joyne together to
doe what they cann, that the buisnes of the country be not neglected, vntill
the Genne'all Cou'te shall order it betweene them.

6. That he shall take notice, & looke after wasts, streyes, goods losts, l^^ ^^j^g .
shipwracks. whales, Sci^, or any such things of the like nature, where the ^°^^^ ^°°^^ '"

, _ ' be taken care

pticalcr owno's is not knowne, & y° country may claime a p''ivilcdgc or coiTion of.
right vnto.

7. That he kecpes by him a coppy of the records & o'dc's of Cou''te,
from time to time, so many of them as conccrne his place, for his dircccbn
vppon any occacbn.

8. If messengers be sent fo'th vpon any publicke occacbn, or such like
service, to be donne for the country, that he agree w"" them for their paynes ;
or if any be to be gratifyed for bringing letters or messuages hither, he may
o'der y' same to the best advantage of the country, lc then direct his liill to y"
Treasu'o' for the dischardge thereof

THE EECORDS OF TIIE COLONY OF

1G4;

payment to be
agreed upon.

liy both
honscs.
Indians to be
civilized.

9. When any skall come to give in testimony ag"^' malefacto''s, in falth-
fulnes to God & the country, & they require their chardges for it, y* he may
agree w"^ them for ^Yh^t is reasonable ; & in all other cases wherein the
countiy is to be at cliardg about pattcnts, bounds, or ju''isdicc6ns, that he be
the husband for the country, y' immoderate or needlesse chardgc be not
brought vppon the same.

10. That all the Cou''ts w^^in this jurisdiccon, cither the secretary or clarkc
of that Cou''te, or some other Avhom the Cou'te shall appointc, shall take
pticuler accompt of the chardge of that Courte, & then leave a note, vnder
his hand, w"' him that hath j)vided for that Cou^e, v,-"^ he is to bring to y"
audito'', to enter into his booke, before he appointc the Treasu^o"^ to dis-
chardge it.

11. That all these things, before menconed, or any other things not yett
named, that shall appertaine to the pffitt & behoofe of the country, he hath
hereby power to o"'der & take care of, suitable to y" nature of his office ; and
w'soeuer shallbc so receaved, he shall appointe to be jjaide into the Treasure'
of the country, & so to chai'dge him M'"" it, & to take receipts from him for
what he receaves by his appointment, that so a clcarc accompt may be kept of
the chardges of the country yeerely, & what comes in, besids rates, for the
dischardge thereof ; & all fo'mcr orde''s for signing of bills, for payments, or
ordering of accompts, concerning the country, is hereby repealed.

Lastly, that the audito"" shall signe no bill, to be paid by the TreasuW,
for any that is indebted to y" country, till he first pay his oune debt, or de-
faulke, so much out of that he is to rcceave of the Treasure'' as his debt comes
to ; & that the secretaiy or clarkcs of cueiy Cou''te, & all such raagis*^ or
coinisslon''s as shall asist any officc"'s, or receive any summes, &^, for the
countiyes vse, by speciall o''der, shall w"'in fowe''teene dayes after estreate
such fines, or other dewes, to the *audito^ who shall send a transcript, or
note thereof, to the Treasu''o'', that the same may be called for or le^yed
aco''ding to the cou''se of lawe ; & all other psons who have formerly receaved,
or hereafter shall receave, any guifts, fynes, or other dewes to the countiy,
shall make like certifficate of the same to y" audito' w"'in one month after the
end of the Cou''te, fibr such things as are passed, & w"'in the time limited for
time to come.

This Cou''te, being mindful! of their dutyes, to cndevor as much as in
them lyeth, that all meanes may be vsed to bring the natives to the knowledge
of God & his wayes, to civilize them as speedily as may be, & that some such
course maybe taken as may cawse them to observe those rules, order, y' no-
tice lie given to v'' rcurreud oldc''s, In their scucrall shiers, of the ready

THE MASSACHUSETTS BAY IX NEW ENGLAND. 57

niindc of this Coirtc, vpoia mature doliberation, to cnacte what shall he
thought meetc hereabouts, & of their desires that they would take some payucs
therein, & rctou'ne their thoughts about it to the next sitting of the Gcmic''all
C.'ou'te.

After many agitacbus about finishing the Castle, & sctling a garriso
there, itt is concluded & o''dered by the Cou'"te as followcth : —

First, that the country shall allowe fifFty pounds for y" building of the CusUe, further
cap' howse ; secondly, that the country also shall allowe one hundred pounds pe,id"d rm.
towards the finishing of the said worke, and this aco'ding to forme'' o'der of By both
Cou''te'j and for any fu'ther charges for finishing the said worke, y'= five tonnes
w'''' A-nde'tooke it are to see it fiully ffiuished, aco''ding to agreement. And for
y" setling of the garrison, itt is fui-ther ordered, y' the cap' of the Castle shall
have the whole care of priding a sufficient gunne'', w"' tcnne men, for tlie
■whole ycerc, «S: tcnne men more for eight mon''''s ; & to be allowed for him-
self, the gunne'", and the rest of the garrison, yecrely, the somme of two hun-
dred and eighty pounds, to be paid him in manner following : For this psent
ycere, one third ptc in hand, another 3' pte at halfe n yccrcs end, and the
other third pte at the yecrcs end, & for time to come to be paid in two pay-
men'% the one at halfe a y ceres end, the other at a yeeres end ; & what hath
binn already layd out by the capt, to have speedy satisfacGon for the same.
And likewise, itt is further ordered, that the said two hundred & eighty
pounds, above menconed, shallbe paid him in manner as followeth, aIz. : FifFty
two pounds by Boston, in money, bever, or shopp coiliodityes ; y" one moyetye
& the other moyetye in such pay as the cap' shall accept of, as the rest of the
tonnes doth pay him in; twenty pound twelve shillings by Charles Toune,
whose pay y= cap' accepts, & of Roxebury, on hundred bushells of Indian
meale, deliQd at the Castle, & twelve shillings in Indian co'"ne, or other pay ;
twenty pounds sixteen shillings by Dorchester, in -wheat, pease, barly, rye,
Indian co'ne, or ffiitt catle, of each a like valew ; of Cambridge, twenty pounds
sixteene shillings, in the same pay. Fa''ther, it is o''dcred, that the capt of
the Castle shall have the vse of the iland to himself, and that the capt, w"" the
garrison, to be freed from all country chardges ; and that a \^'arrant be issued
out of this Cou""te, vnde'^ the hand of the secretary, to give notice to y'= gunner
of this agreemen' made w"^ y^ cap', y' so he may pvide himself of some other
imploymen' elswhere against the spring.

* The oath of y'' audito''.
Yo" doe swcarc, y' yow \\-ill well & truly sc''ye this coinonwcalth in y-"

[*58.]

By botli

office of audito"' genne''all, wherevnto yow have binn chosen, so long as yow howses.

THE KECORDS OF THE COLONY OF

1645. shall contiiicw in the same; vow shall kecpe a true accomp' of all things

' 'T—"^ coiiiitted to yo'^ chardge ; vow shall not omitt, ^''^out just occacon, or delay to

Auditor's oath ^^x^i^i"", signe, & dispatch all accomp'^ & bills, -w'^ shall be brought to vow for

that end, 'w"'out taking any ffee or reward for the same, other then this Cou'te

hath or shall allowe, & shall give vp a true accomp' of all yo'' buisnes when

vow shallbe thereto required by this Cou'te.

By both
bowses.

Capt. Smith, of Vpon thc petlcous of Cap' Smith, il'' Kelsar, M"' Selleck, & Grosse, that

and M-'seileck ^^^ Courte would hcare the case anew about the shipp Rainebowe, their re-
dispute. quest was granted, the case heard, wittnesses on all p'' heard & examined, &

Courts opinion.

the Courte did judge & determine as followeth : —

1. That Cap' Smyth Avas chiefe coramande"' of the shipp Kainbowe, &
naa''chan* of the goods, & so both at his dispose.

2. That M' Keiza"" had no power nor just cawse to bring away the shipp
from the Bai-badoes, but in so doing did breake their couenan' ov charty
party, notw*''standing the dainge'"s he jJtcnded he was in in regard of his ouue
pson or thc losse of thc ma^'chan's goods.

3. That W Keizar should pay to Cap' Smyth these ensewing damages,
viz. : For losse in wyne, that might have binu soald to more pffitt at Barbadoes
then at Boston, the some of nyncty pounds ; for Smith & his mans chardges
at Ba''badoes coming hither, & for other defamation here & there, the soihe of
fiffty pounds.

For the negroes, they being none of his, but stolnc, wee tliinkc mcete to
allow nothing.

4. That the said Keizar, & the rest of y*^ saile's, in strictnes ought to
loose their wages.

5. All circumstances considered of Sellecks carriage at Piscataq., & his
letter to Keizar, at B.xrbadoes, wee thinke it £equall that Keizar, Sellecke, &
Grosse should only have their jjrinciple soiiies adventured paid them.

6. The shipp & pceed of y* cargo to be deliuered as now she is to Cap'
Smyth, he paying such dew chardges as hath necessai-ily binn layd out about
hir since his coming hither, & that she is now the better for to be judged by
Goodman Chafy & Goodman Garrett, & that the shipp may be stayed till y°
o'der is satisfyed.

*That Cap' Smith shall allowe Keiza' tenne pounds for threatning to pis-
toll him, & y* Cap' Smyth take his remedy for y° seamens wages.

In ans'' to y'' petieon of y'^ vnd'tak'^ of the ii-on workes, 1. Itt was graunt-
ed by this Cou'te, ordered, that the A-ndertakers, their agen''* & assignees, are
hereby grauntcd thc sole p''ivllcdge & benctitt of making iron iS: mannaging of

[*59.]

Iron works
couraged.

THE MASSACHUSETTS BAY IX NEW ENGLAND. 59

all ii-on mines & workcs that now arc or sliallhc dlscouerpd & found out, or 1 (14 5.

hereafter shallbe lii this jurisdiccon for the terme of twenty one yccres from ' > '

the fo''mer graunt, provided, that the said adventurers, their agcn'" or as-
signes, doe, w"'in three yeeres from the forme"^ date, vse their best endevo's
to their vtmost skill to pfect so many of the said workes, that the inhabitants
of this jurisdiccon be fu''iiished w"» barr iron of all so''ts for theii' vse, not ex-
ceeding twenty pounds p tunne ; provided also, that it shall be in the liberty
of any w'Mn this ju''isdicebn to be adventurers w"» the vnde'take's, if by the
last daj' of this October they bring in theii- adventures, not lesse in one mans
name then ffiffty pounds, w"> allowance to the adventurers for the stocke of
one thousand pounds, by them already disbursed.

2. The Courte doth heereby fuither graunt to the said vndertakcrs, their
agents and assignes, in all places of wasts & lands not imppiated to any
toune or pson, that the said vnde''take'"s, their agents or assignes, at all times
during the said terme of twenty one yeeres, shall & may freely, & at their
oune discretion, have & take all manner of wood & timbe'' to be converted
into coales, or any other vses for the service of the vnde''take''s, as also
all manne"" of earth, stones, turfe, clay, & other materialls for buildings
& reparations of any of then- workes, forges, mills, or howses built, or to
be built, or for making or moulding any manner of gunnes, potts, & all
other cast iron ware, & for conve''ting wood into charke coale, & also to gett,
digg, & carry away of all manner of stone, iron oarc, & wood of all soarts,
& any other nlaterialls or things of vse for their workes: & it is hereby
also graunted to the said vndertakc", their agents or assignes, that they
shall have free llbe'''y to make all convenient wayes & passages, as also all
manner of dailies, watc"' cou''scs, sluces, ponds for water, in all wast grounds,
or other convencyes to, from, & for the service of the said workes, built
or to be built, not imppiated to any toune or pson, during such tinie as the
said workes shall continew ; provided, if, by any pond, sluce, watercou'"se,
damme, or any other Avorke, (though in land imppiated,) they should spoile,
or any wayes p'iudice the land appiated to any toune or pson, the said vn-
dertake's shall make due and just satisfaccon. 3. Also, the C'ou't doth
hereby further graunt to y^ said adventu^'e's, their agen*^ or assignes, in all
the grounds that are or shall be *appriated, that the said adventiuers, their [*60.]
agen'' or assignes, shall have free liberty, at all times during the terme, to
digg, gett, carry away, all manner of stone or iron oare, & to make & vse all
convenient wayes & sluces, watercou''ses, pooles, dammes, ponds for wate"", &
other conveniencyes to, from, & for the service of the said workes through iill
the said grounds that are or hereafter shallbe imppiated, ("except howses, or-
chards not exceeding three ackers, & vards,) giving such due & full iccom-

THE RECORDS OF THE COLONY OF

pence for the same to tlic o^^•no'''' thereof for the time behig as three iiidif-
ferout men shall adiudge, whereof one to be appointed by the said Cou'tc at
the next gennerall meeting after the vude''take"'% their agen*' or assignes, -shall
make or vse anv of the said waycs or watercourses, or other pticulers therein
menconcd for the services aforesaid, & one other by the owno"^ of the land for
Iron works, the time being, & the third by the vndertakers or adveatii''e''s. 4. The Cou''te
for encoura-c- hereby doth further graunt vnto the said advcntu''e'"s, & to their hcires and as-
'"'^"'' signc.-i forcuer, so much land now or hereafter to be in this ju'^isdiccon, as afore-

said, as shall containc in sixe places, tlii-ee mile.s square in each place, or so
much in quantity as containeth three miles square, not exceeding fower miles •
in length, to be sett o;it in such places & parcells as the said yndertake's or
their agen'^ shall make choyce of, not being already imppiatcd as afo''esaid,
vpon w"^"" said land the said advent nrers shall have free libe'"ty, & hereby doe
YndcHake that Av'-'in the said terme of ^ yeeres, to search, sett out, & find
convenient places w'^in the said compassc of land, for the building & setting
vp of sixe forges or furnaces, & not bloomaryes only, or so many more as they
shall have occaoon for, for the making of iron as aforesaid, w"^"" they shall (the
iron stone & other materialls pving pper & fitt for the making of iron as
aforesaid) build & sett Ap w^'in the tenne aforesaid, provided that y"^ Cou'te
may graunt a plantacon in any place where the Cou'te doth thinke meete, the ad-
venturers or their agents there residing having first notice thereof, & not
making choyce of the same for pte of the land to be sett out & graunted to
them, for the designc of planting the said iron workcs & making iron as afore-
said ; and itt is further graiintcd & ordered, that what quantify of iron of all
sorts & quallifycs the said adventu'e's, their agen'^ or assignes, shall mal:e
more tlicn tlio iuhahltnn" shall have need & vse of for their se'Vicc, to be
r*61.] bought & paid for liy the said iuhabitants as aforesaid, *they shall have free
libe'^ty to transport the same by shipjiing to other pts or j^laces of the world,
& to make sale thereof in what way & place the said adventure''s shall please,
for their best advantage, for their best advantage, provided they sell it not to
any pson or state in actuall hostillity ^^•"' ^■s.

6. Itt is further graunted & ordered, that the said vnde''take''s, & agents,
& servants shall, from the date of theis p'"n'', for euer have & enioy all libe"'-
tyes & immunityes w'soeucr, JJsn' or to come, fequall w"" any in this jn'isdiccon,
acording to the lawes & orde's thereof for the time being, & acording to the
rights & p^iviledges of the churches. 7. Itt is also graunted that the vndc"'-
take's & adventurers, together m'"" theii- agen's, servan", & assignes, shallbe,
& are heereby, free from all taxes, assessmen'*, contribucons, & other publicke
chardges whatsoeuer, for so much of their stocke, store, or goods as shallbe

THE MASSACHUSETTS BAY IN NEW ENGLAND. 61

imployed in & about the said iron workes, for & during the tcrmc of ^ 1 G 4 5.

yeeres yett to come from the date of thcis ^/u'^ 8. Itt is also hereby further "" " '
graunted & ordered, that all such clarkes & workenien, as myue's, fouude's,
fyners, hammer men, & collycrs, necessarily imployed, or to be imployed, in
& about the said -workes, built or to be built, for any the services thereof, shall,
from time to time, durinsf the terme of ^ yeeres, be & hereby absolutely „,

■■' ^ J ^ J J T^ oikmen free

freed & dischardged of & from all ordinary traynings, watchings, &G ; but that from trainings.

eQy pson at all times be furnished w"^ armes, poude'', shott, &(?, acordlng to orde'"

of Cou''te. 9. Lastly, itt is ordered by y* Courte, that in all places where any

iron worke is sett vp remote from a church or congregation, vnto •w'^^ they

cannot conveniently come, that the vnde'"take'"s shall pvide some good meanes

whereby their familyes maybe instructed in the knowledge of God by such as

the Courte or standing councell shall approove of

Itt is o''dered, y' M"" Rawson shallbe allowed out of the treasu^ the soiiie cierk compen-
of twenty mai-kes, for the service he hath donne in keepinsr & transcribins ^''""''

■' loo y^j^j

the records of the Howse of Depu'^ for the time past.

[Page *62 is blank.]

*Mt a Genne'-aU CoiCle of Eleccons, begunne the 6'" of May, 1640. 1 04G.

Elected by the freemen for the yeere ensewinge : — " ^^"y-

[*G3.]
John Winthrop, Sen., Esq'', GoQu',
Thomas Dudley, Esq% Dep* GoQn"',

John Endecott, Esq"', Asistant, & S''g"' Jlaj"' Genne''all,

He''be'"t Pellam, Esq"^, Asistant,

Rich Bellinghm, Esq', Asistant,

Rich Saltonstall, Esq'', Asistant,

John AVinthrop, Jun', Gen', Asistant,

Symon Bradstreet, Gen', Asistant,

Increase Nowell, Gent., Asistant & Secreta'"y,

W'^ Hibbings, Gen', Asistant,

Tho : Flynt, Gen', Asistant,

Sam : Symouds, Gen', Asistant,

W"" Pinchon, Gen', Asistant,

]\P Rich Russell, Treasu''er.
John Endecott, Esq'', S"'g'" Maj""" Geuncrall, 1 CoiTiissione''s for the
Hc'-bert Pellam, Esqu% j Vnited Collonycs.

62 THE KECORDS OF THE COLONY OF

1646. fhacl tlie next votes as rese^-es to sui)ly the place

or places of one or both of the comisslon's of
the "\"nited CoUonycs, if by any providence cue
or both should be hiuch-ed, that they could not

6 May. Synion Eradstreet, Gen',
Thomas Dudley, Esq'',

The depu'' sent from the sell" tonnes to serve at this Genne''ll C'ou''te
are —

Salem: Cap' W™ IIatho''u & IM"' lien: Ba'^tholmew.
Charles Toune : M^ Russell, M-- Hill, & M'" AVillougby.
Do''cheste'" : LeP Athe'^ton & Jo: "VViswell.
Boston : ^laj""" Gibbons & Cap' Keayne.
; Roxbu''y : Jo : Johnson & W" Parks.

Wate' Toune : M" Rich Broune & Ephr : Child.
Lynn : Cap' Rob' Bridges & ^M' Lawton.
Cambridge : 'M' Sj^a'^hauke & Ed^v. Goffe.
IpsM-ich: M' Hubbard & M-^ Whiple.
Xewbery : 51'' Riiwson.
Weimouth : Tho : Dyer.
Hingham : ]\P Allen & Josh: Hubbard.
Concord: Lef Willard.
Dedham : Lef Lusher.
Salisbury : ISl' Rich Dumme''.
Hampton : "W" English.
Rowley : :M'- Carleton & ■M' Brigham.
, Braintree : Peete"' Brackett.
Sudbm-y : ^^^alte'■ Haymes.
Douer : W" "Waldron, Edw : Sta'buck.
Strawebery Bancke :
Glocester : ^

Woodbou'"ne : Lef Johnson.
Wenliam : M"' Audito^

Cap' W'" Hautho''ne is chosen Speaker of the Howse of Depu'^ for this
session.

[*6-l:.] *~rTT is ordered, by y" authority of this Courte, y' cfiy constable w"'in our

JL jurisdiccbn hath by vertue of his office & place . ^ ^ ^
[*65.] * Itt was resolved, vppon the question, & that by vote, notwithstanding all

Voted. the reasons alledged, that the Howse of Depu's should contincw in their set-

houselto be ^^"o aparte & acting a pte from the Magis'% aco'ding to the former order, as
seperate. thg ^^g^ suitable to thclr condicons. Voted.

The toune of CoucoVl, pscnting Left Symon "\^'illard to this Coirte, as

THE MASSACHUSETTS BAY IN NEW ENGLAND. 63

him whom they have chosen to be their capt, desiring this Courts app''obacon 1 G -i G.
of their choyce & confirmacon, this Courte graunts their request, accepts of ~ "' '
theu- choyce, & confii-mes the said Simon Willard as their capt ; and, further, officers chosen
on their request, graunts, y' Timothy Wheele'' shall be their ensigne. By '° t'<">cord.
both.

On the request of the toune of Salisbury, Ralfe Blesdall is appointed by
this Courte to kccpe the ordinary there, «& hath libe'ty graunted him to drawe
■\vine. By both.

The widdowe Hawkings is denyed to have any libe''ty to come into this Widow Haw-
ju'isdiccon, being knoune to be a daiuge''ous pson. By both. to return.' "

The tounc of Gloccster is f\ ncd five pounds, for that they have not made Gloucester
rctou'ne o^ their choyce of a deputy to se''ve at this Gennc''all Cou'te. By ted.
both.

In ans'^ to the petieon of seilall inhabitan'^ of ila''blehead, for redresse of --Marblehead in-
many gteat abuses coinitted on their inheritances by seuerall fishermen, itt is courts opinion
heereby declared, & o^'de'ed, that howsoeuer it hath binn an allowed custome °°'
for fo"'eigne fishe''men to make vse of such ha''bo'"s & grounds in this country
as have not binn inhabited by English, & to take timber & wood at their
pleasure for all their occacons, yett, in these ptes, yv'^^ are now possessed, &
the lands disposed in pp''iety to seuerall tounes & psons, & that by his maj"
graunte vnde"^ the greate seale of England, itt is not now lawfull for any pson,
either fishermen or others, either fo'^''eine''s o' of this country, to enter vpon
any lands so appiated to any toune or pson, or to take any wood or timber in
any such places w^'oiit the licence of such toune o'' pp'"iety ; & if any pson
shall trespasse herein, the toune o"^ pp'iety so iniu''ie*d may take their remedy
by accon, or may psecute their goods or other interest, opposing by lawfull
fo''ce ag"' such vnjust violence ; provided, that it shallbe lawfull for such
fishe'"men as shallbe imployed by any inhabitants of this ju'isdiccon, in the
seuerall seasons of the yeere, to make vsc of anj^ of o' ha''bo''s, & such lands as
are neere adjoyning, for the drying of their fish, & othe'' occacons, as also to
take such timber or fierwood as they shall have necessary vse of for their fish-
ing seasons, where it maybe spared, so as they make dew satisfaccon for the
same to such toune or p^'prietyes. By both.

On the hearing of y' excuse y" toune of Gloceste'' made, for their not re-
tou'ning the choyce of their deputy to this Cou'te, it being found sufficyent,
their fine of five pounds for their neglect was remitted. By both.

^P "W" "Waldron engaged himself, for his owne chardge, for this Cou'te,
& also when the accompt is pfected, of what is dew to the country for the
dcpu*' of Done''' dictt for seuerall Cou''ts past, that it shallbe suddainly

G4 THE RECORDS OF THE COLONY OF

1 (!4G. er.gadgcd for, & discliardged iu ma''chantable pipestaves, cithe"" in y' river or

> ~' at Boston, at y'' cuiTant p'ice iu either place, at or befo'" y" last of July next,

so as y" Cou'^te issew out a warrant for y" gathering vp thereof amongst

them.

[*66.] *The order fo'bidding the entertayning of any Indian into se''vice, w"*-

Einpioyment out allowance of the Cou''te, is hereby repealed, there being more vse of eu-

of Indians al-
lowed, cou'^adgemen'' thiis then otherwise. By both howses.

Exeter inhabit- In ans'' to y^ peticon of seuerall inhabitan'^ of Exctur, itt is hereby ordered

an s pc 1 luu. ^ graunted, y' Anthony Stauion, Samuel Grceufeild, & James Walle are

hereby autho''ized w*"* full power to end smale cawses, vuder twenty shillings,

aco''ding to lawe ; & y* M"^ Samuell Dudley, Edward Rawson, & M"' Edward

Caiieton are appointed a coiiiittee to lay out the bounds of Exeter, next to

Hampton, & so round about them ; provided, there be no intrenching on y*

bounds of y^ patten' of y*^ lo''ds & gen' menconed in y'= patten' of Swampscoate,

or on any graun" fo''me'ly made to Doner. By both.

Rich'i HoUins- In ans' to y* peticon of Rich Hollingswo''th, for a remitting of y" -i* fyne

1 pe 1 ion. jij^pQgg^ Qjj hiva. by the Q'"te'' Courte, at Salem, for some miscarriadge of his,

the Cou'te thinkes it not meetc to graiinte his request. By both.

M' Gardner, In ans' to y" petiCou of M'^ Gardine'', itt is graunted he should be fully

pe 1 on o . satisfyed for his paynes in psecuting the Cou''te o'"der, about salte pcetcr, by

the inhabitants of Ipswich. By both.
E. Rawson to Edward Rawson, M' Woodman, & Hcn^y Shorte are appointed, & hereby

tersiaNewbu- autho''ized, to end smule cawses, at XewbeV, for the yecre enscwing, aco''ding
■T- to lawe. By both.

w» Mellows Alt y'= reques' of y" deputyes of Charles Towne, M' "W™ ]Mellowes is ap-

pointed to be clarlve of the writts there, in the roomc of il' Abraham Palmer.
By both.

Petition lu aus' to a peticon, subscribed by seventy seven inhabitan'' of this col-

bapUs"tl-Tn- loiiy; liumbly requesting all dew strengthening & keeping in fo''ce such lawcs

tmomians. jjj. \y^yQ iji^j ^^ade by this Cou''tc, for the JJventing y' enc''ease of many daiu-

ge''ous ero''s, Annabaptis'", Antinomians, &G, as also for the dew punishmen'

thereof, the Cou''te gratefully accep" of their acknowledgcmcn', graunting

their request iu y" continuance of those wholesome lawes. Bv both.

19" in: 9" remit- In aus"^ to a mocon, made by JIajo'' Sediuke & INl'' David Yal?, on y*" be-

Stou"hton. ^'^^^^ of M''* Stoughton, itt is ordered & graunted that il'* Stoughton shall be

M" sioushton remitted y^ soiiie of nynetecne pounds & sixctcene shillings & nync pence,

remitted a bal- , - */**,> •,,-,. ^

ancn due from "^^ "^^^ ''^""^ °° J ^^°^ paymen' of y' ptc of y" countryes stocke, w''" hir late
husband dc- worthy husband left vnpaid at his decease, none reaping any benefitt of this
graunt but M"'" Stoughton only. By both.

clerk of the

town.

THE MASSACHUSETTS BAY IX NEW ENGLAND. 65

Vpoii the moGon of Lcf Tory to be clischardged froin exercising y"" 1(>4G.
millitary company at Hinghani, his request is graunted, & y^ care of y"' com- " ^' '
pany left to INIajor Edward Gibbons, till new clcccon be made & approoved of Tppr , .' ' j-

by this Cou''tC. By both. chardge fro

Agreed vpon & voted by the Ilowse of Depii'', y' whosoeuer is cast in pany. Lieut,
the case of IM' Dummcr conipl' & v'-' to\\ne of Newberv, del'', shall beare the °"''^' ^^'
chardge of the Courte. Voted. Chardge of j-

*The auditor genne'll hath hereby power graunted him, & is forthw"' i,j. j.. jeiin-
required to goe into all the howses or cellars he knows or suspects any wyne i"'^'"'*-
to be that is not entered into his booke acording to order, & the same to seaze, <- ■■'

Audi" gen"

distreyiie, & take possession of for the vse of the country ; & such wynes to power.
marke & dispose of to y" countryes vse, so as raavbe forthcoming ; & all Contradiccns

to y« order :

constables & other officers are hereby required to asist & aide him in y"' dis- jiaj" Ed: Gib-
chardge of his duty, acording to order, taking satisfaccon for what is entered vvmowb*"'''^
as y lawc requireth, & giving v" ownors of such wvnes as arc confiscate, & ^^'^^' R"ssell,

•^ ^ . '^ "^ • • ' W" Parks.

not entered, notice hereof, that they may appeare before this C'oirte, to shew
cawse why their wynes should not be confiscate. By both.

On y" niocbn of il"' Leader, for y° buying of some of the countryes de- Damaged guns
fectivc gunnes, itt is ordered & graunted, y' he shall have them on such prize,
& paying so for them, as y"' s'"veyo'' genn''ll & Cap' Davenporte shall sett the
prize on them. By both.

Cap' Keayne being fined for his absence at y"" time appointed, after sen- Capt. Keayne
tence pfessing he would pay five pounds assoone as G^, for w'''' affront he was
fined twenty shilhngs. Voted.

In ans' to a peticon of Joseph Jenkins for liberty to make experience J. Jenkins pat-
of his abillltyes & inventions for y'' making of engines fur mills, to goe w"^ ^ng Rather
water, for y= more speedy dispatch of worke then formerly, & mills for y" mak- ^^°'" • ^^^ ^^
ing of sithes & other edged tooles, w"* a new invented sawemill, that things
may be afforded cheaper then formerly, & that for fowerteene yeer'^^ w">out dis-
turbance by any others setting vp the like inventions, that so his study &
costs may not be in vayne or lost, this peticon was graunted, so as power is
still left to re5.trayne y" exportacon of such manufactures, & to moderate y"
prizes thereof if occacon so require. By butli.

Itt is ordered, y' y" Indian who relelvcd our men & pilated them home Indian remu-
after La Tour had putt them on shore, shall have a long coat & 2 pounds of
tobacco, by the Treasurer to l)e pvided, & satisfaccon made for his transporta-
cbn home againe. By both.

Ordered, y' Cutshamakin hath liberty to buy throe pounds of swann Cutshamakin
shott, leaving hU warrant behind him w'-' y" pry lie buyes it of By both. ^uv shut.

6 May.

Hawthorne &

5 THE RECORDS OF THE COLONY OF

1 G46. On y^ pseiitmcut of Cap' Traskc & Cap' ILnvthoni, by the depii'^ of Sa-

lem, for y" Com-te to acccjit & confirmc one of tlicm for cap', & also S''g°' La-
throp & Peeter Wolfe, for one of them to be accepted of as lef , the Cou'^te
Lathrop to be accepts & confirmes Cap' Ha-\vthorno in y" place of cap' there, & S''g°' Lathrop

capt. and lieut. „

as his lef. By both.
Sudbury to be Itt is Ordered, y' y" toune of Sudbury from henccfor*'-' shall be freed from

saUpet'rc' '"° J'' t^l^i'io fi-irtlier care about salt peeter howses, any order notwithstanding, in
ans'^ to their peticbn. By both.

Cap' rdham, W" Ward, & Edm5d Rise arc appointed & authorised

lie'"by to end snialc cawscs in y'' toune of Sudbury, acording to law. By

both.

[*68.] *John Bridge, Lef Mason, & Edmond Goodenow, bringing into this

Tho- White & Cou'te their determinacon of the difference betweene Tho : White & y' wyd-

ividow Swift, _ _ _ _ _ ■ ■

Courts opinion dowe Swift, they finding y' Tho: White hath runne out in just chardges on j"
wyddowe Swifts land ye soiiie of 9' 19^ 8 J, besides the breaking & improoving
of land, for y' w'^^ they judge & determine the ^sent crop that is now in y<=
ground willbe full satisfaccon, & find ffiffteene pounds pincijiall debt ; all y°
chardges, &6, coming to 24 : 19 : 8, y"' w'^'' the agent of y" wyddowe Swift refuseth
to pay ; itt is ordered, therefore, y' the land henceforth shall remayne y" Inherit-
ance of y" said Tho: White & his heires foreur from y^ date hereof. By both.
John Bourne John Bou''nc, of Salem, is, on his & seuerall other inhabitants requests,

0 cop coo V „j.jjmj)-(;^| license to sett vp a cookes shop in Salem, selling no boere above a

shop m Salem. ^ ^ r j o

penny a quarto. By both.
John Mouiton, lu ans'' to \° jDeticou of Edward Colcord & John INIoulton for releife ag"'

pe I ion 0 . ^ J, ^,j^.j,q^yj^^| stinting of y^ coiiions at Hampton, itts referred to M"^ Samuell

Dudley, Edward Rawson, JNI'" W" Payne, & ]\I'' Carlton, & they have power

hereby to cxamiuc wittnesses on oath, & search into all the distraccons there ;

making reporte of w' they shall doe or find in the pmises to y"^ next sitting

of this Courte. By both.
M. Powell to Att the request of the toune of Dedham, Michael Po\\ ell is graunted

n^ry. " ' licence to keepe an ordinary, & sell wyne there. By both.
R. Turner to Itt is Ordered, y' Eob' Tu''ne'' shall have fiffty pounds jDaid him out of y°

p^Mgae y' is to come from y^ Narrowgansetts vpon his accomp'. By both.
II. Pritchard ^L' Hugh Pricliard, on his request, is graunted a dismission from attend-

(•ciised from ■ -n ^ t . ■ • i ,• „ .• it

trainin". '"S Roxbury Company vpon ordinary training dayes lor y'' space ol one whole

yecre. By both.
It. Saltonstall M' llob' SaltoHstall is graunted his peticTon, & hath two thousand one

acres of Hnd hundred & twenty ac'"s of land alloucd'liim, about Couccticiile Falls, provided

he acccp'^ it, as a ptc of that ppo'coii dew to S'' Richard Saltonstall, in

THE MAS3ACIIU.?KTT.S JiAY IN NEW ENGLAND. G7

this jurisdiceon, & formerly grauntecl liim, but no jilacc yett assigned. By 1 (j 4 G.

both. ■ ^ '

In ans'' to y'^ pcticon of Rob' Whitman, to be freed from watching, bv ^ *^"^'

R.Whitman,

reason of Avcaknes of body, itt was determined y* this case, & such like, petuion of.
sliouhl be referred to y" inferior Cou'ts, to w'^^ they pp''ly belong. By both.

In ans'' to y" peticon of Elizabeth Fairefeild, for y" dischardging hir hus- e. Fairfield,
band from y' ptc of v<^ censui-e inflicted on him for his notorious evills, of J"^!!."?I '"?'''"

■''■•' > half of her hus-

wearing y"-' rope about his nccke, y" Depu'^ could not consent y' any pte of his ^''"'J-
censure should be remitted him. Voted.

*In ans"^ to a petiiTon, subscribed by Ma^yn Saunders, Pcctcr Brackctt, [*69.]
Hen : Addams, & a II more, of Braintree, for y" pswading or forcing of Thorn-

habitants peti-
as Gilbert either to forbeai-e feeding y* iland of vpland, v/'^^ certaine mod- tion.

owes of theirs envii-ones, or elce to lett it on reasonable ternies to y'' peti-

con''s, itt was dete''mincd, that an o''de'' of Courte, made at a Genne'all Cou'te,

in y" yeere I6-13, ^ ^

In ans"^ to y" peticon of James Ilcidcn, w"^ his p*nc'' fe"ymen, of Cha'''^' .^
Towne, & for )'' satisl'accon of all other ferrymen, y' there maybe no mistake ffcrrymerpeti-
who are freed, or should be passage free, & how long, itt is hereby declared, ''°""
y' o"^ honno''ed magis'", & such as arc, or from time to time shallbe, chosen to
to serve as deputyes at y" Genue''all Cou^'tc, v^^ both their necessary attend-
an'', shallbe passage free oucr all fcrrycs ; & by necessary attendants, wee
meane a man & a horse, at all times during the time of their being mag'^'^ or
depu*' ; but neur intended all the familycs of either at any time, & y' y«
©■■de'' neither expresseth nor intendeth any such thing. By both.

In ans"" to y" peticon of W"' Ivo''y, itt is ordered, in regard y'' peticon''
alleadgeth liis long absence from home, & publicke se''vice pformed where he
then aboad, that y^ millitary offic''* of y'' east regiment shall convent liim to their
next meeting, & shall then heare & examine his allegations, & acco''dingly to
pceede aco''ding to lawe, & the execution to stay in y'^ meanetlme. By !)oth.

Att y"- Courte, at Salem, held y" IS"" of y° 12 iii, 1645, W-" Witter, of \v« Witter pre-
Lynnc, was J>>bcnted by y" grand juiy, for saying, y* they who stayed whiles j™'y ^
a child is baptized doc wofpp y" divcll. Heii Collenc & Math West
dealing w"' him thcreabou'% he further sayd, y* they who stayed at y" bap-
tizing of a child did take y" name of y" Father, Sonne, & Holy Gost in
vayne, broake y" Saboath, & confessed & justifyed y" former speech. The
sentence of y^ Courte was, an iniunction y"^ next Lords day, being faier, y'
he make publicke confession to satisfaccon in y* open congregation, at Lynne,
or elce to ans"" it at y" next GennCall Courte ; & conce''ning his opinion, y°
Court exfst their patience toWds him, only 'admonishing him till they see

THE RECORDS OF THE t'OLUNY OF

D. King, peti
tion of.

Tobacco not to
be used abroad,
to prevent fires
in the woods.

[*70.]

A. Beck al-
lowed pay for
tending sick
prisoners.

Committee i
specting pov

Dover confer-
ence of Depu-
ties on holding
Courts.

if he continew obstinate. Y'' sidd Witter not appea''ing here aco'ding to o'"de'',
itt is ordered, y' y° niaj""' gen" take o^'der for his appearance at y" next Cou'te
of Asistan'% at Boston, there to ans"', & to be pceeded w"" aco''ding to y*
meritt of his offence.

In ans"^ to y peticon of Daniell King, itt is ordered, y' y'= peticone'' shall
appeare befo''e y" millitary offic''s of y east regiment, at their next meeting,
who shall examine his allegations, conce''ning his not appearance at dayes of
traynig, to ^forme such se'"vice as might have binn imposed on him, & to
pceed w*'' him aco'ding to lawe; but for time to come, this Cou'te do*''
dischardge him, in regard of his bodily infirmity, from attendance vpon
ordina''y traynings, for any se''vice in armes. By both.

Fo''asmuch as great harmes hath binn doune by fires, v,''^ have binn
kindled in y'^ feilds abroad at vnseasonable times, &: have binn occaconed by
taking of tobacco, &- much time thereby vnpffitably expended, itt is the'efo'e
ordered, y' no pson, after y'' end of y'' 4'-' ifi next, shall take any tobacco in
any coiTion ground, or feild inclosed, or yards, or othe'' open place out of
doors, on painc of Uvo shillings for eQy such offence, besids recompence of
all dammages, aco''ding to fo''me'' order ; provided, neflthelesse, y* it shall be
lawfull for any man y' is on his jou''ney, remote from any howse five miles,
to take tobacco, so y' the''by he setts not y" -woods on fyer, to y"' damage of
any man. By both.

*W'" Ile""scy, of Ilingham, ■\\-as dcnyed his lequest of having his fyne
remitted him. By both.

Itt is ordered, y* Alexander Beckc, having fo''me''ly binn at great chardge
■w''' some infirme psons in y'^ p''ison, & since y" keep'"s death hath kept
Burcham & Redman, being both sicke, & so continewing, that y'^ audito'
gennc" examine his accomp*, & o'de' his psent satisfiiccon, & he dischardged
of y' said prisonc's, being he is not able fu''thor to maintayne them. By
both.

In ans'' to y' pcticdn of y" toune of Dedliam, itt is graunted & ordered,
y* Cap' Athcrton lay out y" bounds, & settle y" 150 ac's y*" honno''cd Depu'
GoQn"^ gave out of his farme to y"" tomre of Dedham. By both.

grgnt Maj"' Genn'll Endecott & M'' Willowby are appointed a close
coinittee, to whom y*" su^-eyo"' gen" shall discouer w' y" store of y" coun'ryes
powde"' is, & in what condiixni it is in, y' they may make reporte to y®
Cou'te what they conccave is to be donne for y' renewing thereof, & how.
By both.

On conference w"' y'^ deputy of Dover, & his mocon on y'' behalfe of
y inhabitan'^ of Piscatac^, the Cou'tc conceaves y' by y'' agreement w"* y°

THE MASSACHUSETTS BAY IN NEW ENGLAND. 69

inhabitan'^ of Piscatacj., no Courte is to be kept there otherwise then at S;dem
& Ipswich, w<^'' cannot be w"'out one m;igis'' ; 2'-'', that y" impost vpon wynes,
being a publicke chardge, is not to be required of them, but it is to goe to
y" defraying of their owne chardges of Cou'ts, &0. By both.

Whereas Cap' Kcayne was, by y^ Howse of Dcpu*^, fined twenty shillings,
vpon his acknowledgm' of his miscarriage therein, itt is remitted him.

Whereas this Courte hath passed an o''der for y° free passage of o'" hon- Chariestown
no'ed magis'* w"' y" depu*' of the Genn" Courte, & the necessary attendance io"p™£5 ",
of both as in y' order appeareth, and \^ y" fe^ymen of Charles Tonne may not """■ ^°^ fen-age

•' If > . J J ^ •'of DepuU aud

loose by the transportacon of them abovesaid, w"^ grand jury, petty jurymen, others of the
prison", keep""', &d, y" Depu'' have by a cofiiittee agreed w"^ y" said fferrymen
for y' time past to be allowed fower pound p anii since y' order, & sixe
pounds p ann for y" time to come, y'^ payment to be made & allowed annually
by y' TreasuV. By both.

Itt is ordered, on y" request of y'^ tonne of Doner, that 'SI'' George Smith Dover, G.
shall be one of the three men authorized by this Cou''te for y" ending of smale ^™fj ^"t^^g
matters, and y' Done"" hath y' same power of reco'diug sales of land as Ips-
wich hath, & y' W" Waldron be recorde"" there till y^ Courte take fu'the"^
order herein. By both.

The order made y" 7"^ of y^ 8 ni, noumbred in y<= margent of y« Cou^e Bargains made
books 455, is hereby repealed, & from hencefor*'' all bargaines made for b"f™imied'°
mony shallbe pformed & paid in mony, the aforesaid order notw*''standing.
By both.

Cap' Wyggin, M'' Smith, & M' Ambrose Gibbons are appointed comis-
sio^s to asist y« magis'^ at y* Cou'te at Piscataq,. By both.

"Forasmuch as delayes in executing justice is dainge'"ous to any state, & [*71.1
^vhereas many offendo's are punished only by fynes or pecuniary mults & pen- Law for speedy

punishing

altyes, w'"'' if there be delay or neglect in offic''^ y' such fines or penaltyes are crimes,
not dewly levyed, then sinne is vnpunished, & y^ name of God may thereby
suffer, itt is therefore oordered, by y'^ authoi'ity of y" Genne"^!! Cou'te, y' any or
eQy offendo"' y' shallbe fyned for y" breach of any penall lawes, such pson or
psons so offending shall fo'thw"' pay his or their fyne or penalty, or put in se-
curity speedily to doe it, or els to be imp''isoned or kept to worke till it be paid,
y' no losse may come to y" coinonwealth ; provided also, y' if y^ magis'' shall
thinke meete to respitt any fine or penalty for a season, yett when its dew, &
what othe"^ fines or debts be already dew to y'' country, y^ ma'shall shall for the
time being shall take his oath to be faithfull in y^ doing y^ deuty of his place in
levying & recoiiring of y' same, or els to be himself liable to such a fyne as
any Courte of justice shall impose on him for his neglect. By both.

THE RECORDS OF THE COLONY OF

1646.

Salem, order

respecting

powder.

H. Gunnison
allowed for
Deputies diet.

B. Dummcr,
petition of.

[*72.]

Observations
on the subject
of baptism.

Ill ans'' to y'' pcticou of y' wyddow Luther, itt is grauntcd & ordered, y'
y" marchan'" being allowed so much as they have disbursed for y" redemption of
hii- Sonne, y' -f wyddow Luther shallbe satisfy<^d what is behind of hir hus-
bands wages on accomp*, provided this shall be no psident in any y^ like case
w* may fall out hereafter, but y' on cleare knowledge of y" sea custome & y«
justice thereof, y" Courte may determine as they shall find agreeable to lawe &
justice. By both.

Whereas y"^ tonne of Salem stands chardged w"' sixe barrells of y'' coun-
tryes poudcr, & had but 4 graunted them to keepe there as a magazine for y"
toune, on their request the othe'' two ba'lls is graunted them to keep, as before,
so as they be deliuered to y" cheifc millitary offic''s, there to be in a constant
readines at or before y" 8"* of July next. By both.

Itt is ordered, y' Hugh Gunnison shallbe satisfyed for- y" dictt he ex-
pended on y" depu'^ by y" first either out of y° custume of wynes or out of y*
wampompeague y' is to come from y" Narrowgansetts when y° bills y' are
chardged therevpon are satisfyed, & y' his servan*' be allowed twenty shillings
for their service ; and y'^ se''van*' of James Penn are allowed twenty shillings
for their like service, to be paid out of y'' treasury. By both.

lu ans"" to y" peticon of M' Eichard Dummer about a difference be-
tweene him & M" Howe, John Stone, & Nathaniell Tredaway, the ptyes ap-
pearing before y" magis'^, John Sherman did vnde''take for M'' Howe & John
Stone y' y* whole case should be referred to M'' Eichard Broune, M' Brian
Pendelton, of Wate'"towne, & Cap' AthCton as vmpiere ; that they should sub-
mitt herevuto y*' arbitrement to be made & ready to be o''dered to y^ ptyes in
writing before the last of the next month. M'' Dumme'' for himself submitts
thereto, & y'' said coiiiission" shall have powe'" to examine wittncscs on oath
if they see it needfull.

*The right fo'me of church goucfmen* & discipline being a good pte of
y* kingdome of Christ vpon earth, y" setling & establishing thereof by y*
joynct & publicke agreement & consent of churches, & by y" sanction of civill
authority, must needs greatly conduce to y° honno"' & glo'y of C Lord Jesus
Christ, & to y setling & safety of church & coiiionwealth where such a duty
is dewly attended & pformed ; & inasmuch as times of publicke peace, W^"" by
y" me'cy of God are vouchsafed to these plantations, (but how long y" same
may continew wee doe not know,) are much more coiiiodious for y' effecting of
such a worke then these troublesome times of warrc & of publicke distu''bances
thereby, as y'= example of o'' dcare native countrye doth witnes at this day,
where, by reason of y'^ publicke occacon & troubles of y^ state, y"-' refo''macbn
of religion & y establishing of tlie same is greatly retarded, & at the best

THE MASSACHUSETTS BAY IN NEW ENGLAND. 71

cannot be pfcctcd w"'out mucli difficulty & dainger, & whereas diQse of o''
Xtian countrymen & freinds in England, both of the ministry & othe''s, consid-
ering y" state of things in this country in regard of peace & othe''uise, have
sundry times, out of their brothe'ly faithfulnes, love, & care of o"" -well doing,
earnestly by letters from thence soUicited & called vpon vs y' wee would not
neglect y" opp''tunity w'^^ God hath putt into our hands for y' effecting of so
glo'ious & good a worke as is menconed, whose adiitisemen'' are not to be
passed ouer w"'out dew regard had therevnto, & considering w'\ill y* thorough
want of y" things here spoken of, some diffe'^ences of opinion & p"'actise of one
church from anothe'' doe already appeare amongst vs, & otlie''s, if not timely
fvented, are like speedily to ensue, & this not only in lessc"" things, but eucn
in p°'^ of no smale consequence, & ve''y materiall to instance, in no more but
only these about baptisme & psous to be reed thereto, in w'^ one pticule"^ the
ap'"heuc6ns of many psons in y° country are knoune not a litle to differ ; for
whereas most churches doe only such child"'en whose neCest paren'" are one or
both of them setled membe's in full coiiiunion w"" one or othe'' of these
churches, therebe some who doe baptize y" children if y^ grandfathe"^ or grand-
mothe"' be such membe's though though the iiiiediate pa''ents be not, & oth™,
though fur avoyding.of offence of neighbo"^ churches, they doe not as yett ac-
tually so practize, yett they doe much cncline thereto, as thinking mo''e libe'^ty
& latitude in this point ought to be yeelded then hath hethe^'to binn donne j
& many psons living in y"^ country, who have binn membe'"s of the cong'"ega-
tions in England, but are not found fitt to be receavcd at y" Lo'^ds table here,
the'^be notw"'standing considerable psons in these churches who doe thinke
that y" children of these, also, vpon some condicSns & terms, may & ought
to be baptized ; likeuise on y^ othe'' side there be some amongst vs who doe
thiuke that w'soeuer be y"' state of y"^ parcn'', bai^tisme ought not to be dis-
penced to any infan*^ w'soeuer, w'^'' Various ap''hencbns being seconded w"^
practizes aco'^ding thereto, as in pte they are already, & are like to be more, &
must needs, if not timely ^vented, begett such differences as willbe displeas-
ing to y= Lo''d, oftencive to oth'"', & dainge''ous to ou''selves.

•Therefore, for y'' fu'"the'^ healing & ^venting of y"" fu''the'' groweth of [*73.]
y" said diffe'^ences, & vpon the other grounds, & for y"" othe"' ends afore men-
coned, and althoughthis Cou''te make no quoestion of their lawfuU power by
y* word of God to assemble the churches, or their messenge''s, vpon occacon of
councell for any thing w'^'' may conce'^ne y^ practize of the churches, yett be-
cause all membe's of the churches, though godly. & f.iithfull, are not yett Public conven-
clcarely satisfyed, itt is therefore thought expedient for y' p''esent occaCon not ^^^.^ ^^^^ ^^^^^^
to make vse of that power, but rather hcveby dc:-larc it to bo y"" dedrc of tliis to meet at

72 THE RECORDS OF THE COLONY OF

1 G46. psent Genne''all Cou''tc, y' there be a publickc assembly of the elders & other
""" '' ' mcssenge's of y'' seuerall churches M''"iii this jurisdiccon, -who may come to
gether & mccte at Cambridge, vi^on the first day of Septcmbc'' now next cn-
sewing, there to discusse, dispute, & cleare vp, by the word of God, siich
questions of church goQment & discipline in the things aforementioned, or
any other, as they shall thinke needfull & meete, & to continew so doing till
they, or y" majo'' pte of them, shall have agreed & consented vnto upon one
forme of gouerment & discipline for the maine & substantial! pts thereof, as
that w'^ they judge agreeable to the Holy Scriptures ; w'^'' worke, if it be found
greater then cann well be dispatched & ended at one meeting or session of y'
said assembly, they may then, as occaoon & need shall require, make two ses-
sions, or more, for the finishing of the same ; and what they shall agree vpon
they shall exhibite the same in writing to y° Gouerno'' or Deputy Gouerno'' for
the time being, who shall ]?sent y' same to y" next Genne^all Courte then en-
sewing, to y" end that the same being found agreeable to the word of God, it may
receave from the said Genne'all Cou'te such appbacon as is meete, that the
Lord being thus acknowledged by church & state to be our Judge, our King, &
Lawegiver, he may be gratiously pleased still to save vs, as hethcrto he hath
donne, & glory may still dwell in our land, tru"' & peace may still abide in
these churches & plantacons, & our posterity may not so easily decline from
the good way, when they shall receave y° same, thus publiquely & solemnly
coiSended to them, but may rather adde to such beginings of reformacon &
purity as wee in our times have endevored after ; and so the chu'ches of New
England maybe Jchovahs people, & he may be to vs a God from genne''atlon
to genneratlon.
Expencetobc And as for the costs & chardges of y" said assembly, itt is thought

borne by the i i i • i i i •

church who meete & most squall that those churches who thinke meete to send their
°^" ^' elde'"s & messenge''s shall take such caie as that, during their attendance at

y' said assembly, they may be p''ovided for as is meete ; & what strainge's

or othe''s shall for their oune sedification be jp'sent at y"' said assembly, they to

pvide for themselves, & beare their oune chardges.

And forasmuch as y° jjlantacons w"'in y* jurisdiccon of Plimouth, Coiiec-

ticutt, & Ncwhavea are combined & vnited w*'' these plantacons w"'in the
[*74.] Massatusetts, in y' same civill *combinacon & confederacie, itt is therefore

heereby o'dered & agreed, that the churches w^'in the said jurisdiccbns shallbe

icquestcd to send their eldc's & messengc's to the assembly aforemenconed,
Cni)ics to be for W'' end y" secretary for the time being shall send a sufficient noumbe'' of
other cimrLhc-i ^'oppycs of this J^scut ordcr or declaracon vnto the elde's of the churches w "'in

the jurisdiccon aforsaid, or vnto the CJouno'', or Goilnors coinission'' or coin-

THE MASSACHUSETTS BAY IN NEW ENGLAND. 73

issioii''s. for y'^ said confederate jurisdiccons respectively, y' so these churches,
having timely notice thereof, may the bette"^ j)vide to send their elde''s & mes-
cienge''s to y" assembly, who being so sent shallbe receaved as pte membe''s
thereof, and shall have like llbe''ty & power of disputing & voting therein as
shall the elde''s & messenge''s of the churches w'^in the jurisdiccon of the ilas-
satusetts. By both.

In ans' to y^ peticou of SP Rob' Eusome, M"' Edward Wetheredge, M"^ Abatement on

. . excise upon

John Wheake, & y"' rest, y^ Cou''te having taken into consideracbn y*^ request wine requested.

of y" said peticon's, itt is hereby ordered, y' y'= said peticon'"s shall have y"

one halfe of y° customcs of their wynes abated them, viz., five shillings vpon

a butt or pipe, provided y''^, y" said peticon'"s, bona fidse make a true entry of

all the wynes they have landed, & y' w'^in two daycs next after notice given

them by the audit' genne''all, or any appointed by him for y' end ; and y' they,

the said peticon'% doe make paymen' to y° audit"" genu" of the other halfe of

y" custome, viz., five shillings p a butt or pipe, & y' in such pay as is pvided

for in a fo''mer order, ^\'=^ requires tenne shillings -ipon a butt. And in case

any y° said petic6n''s shall delay to make a true retou''ne of their wtocs as

afo'said, that then all such said wynes that arc already fo''feitcd by any such

peticbn' for non entrance shall be seized vpo by way of distresse, aco''ding to

a speciall Avarran' given to y^ audito"' gennc'all for y' end & purpose.

For y^ better rccouering of any custome of wynes, or fo''feltures for not Suspected
entering acording to order, or any orders of tliis Courte, & for refusall of pay- „.;„e ;, ^^^^^
men'5 of such customes acording to such order or orde'"s, to y° satisfaccon of ""'' ™"^'' *

° •' search.

y' audito' genneii, itt is ordered by y' Cou'te, y' y'' said audito'" hath power,
and is hereby required, to goe into all y" liowscs or cella''s he knoweth or sus-
pecteth any wyne to be, & from time to time shall seize vpon such wynes as are
not entered, & also seize vpon & take possession of so much wynes as to make
payment of what custome is due acording to entrycs made, & is refused or
neglected to be paid in dew manner, acording to such orde" ; & hereby all
constables & other oific''s are required to asist & aide y° audito"" in y*^ discharge
of his deuty, & helping to breake open such bowses or cella''s, if y" owno'"s of
such wynes shall refuse to open y*^ doorcs or dcliuer their keyes in a peaceable
way. By both.

*Cutshamakin, sagamo'" of y*-' Massatasetts, came into y" Cou''te, & [*'^5-]
acknowledged y' for y" soiire of sixe pounds, & a coate, w'"'" he had already Andover, in-
rec"", he had sold to M' John Woodbridge, in y" behalfc of y° inhabitan''^ anccofthcsoU
of Chochichawicke, now called Andeuor, all his right, interest, & p'"iviledg
in y* land sixe miles southward from y' tounc, two miles eastward to
Rowley bounds, be the same more or lease, no'tliward to Merrimacke River ;

VOL. 111. 10

THE IIECOIIDS OF THE COLONY OF

164G.

A. Eames &
others to end
small causes i:
Hingham.

20 May.
Male inhabit-
ants of the

provided, y' y" Indiitu, called Roger, & liis company, may have liberty to
take alewifes in Chochichawicke River for their ouue eating ; but if they
either spoyle or steale any co'ne, or other fruits of y' inhabitan'' there, to
any considerable valc-H', this libe''ty of taking fish shall for euer cease ; & y«
said Roger is still to enioy 4 ac's of ground where now he plants. Tliis
DU'chase y^ Cou'"te allowcs of, & have graunted y" said land to belong to
y* said plantacoa for euer, to be o'dercd & disposed of by them, reserving
libe''ty to y° Cou''te to lay two miles of their sou"'wardly bounds to any
toune or village y' hereafter may be erected thereabout, if so they see cawse.
This passed as an order, on y' acknowledgni' of Cutsharaakin. By both.

INI" Allen, Anthony Eames, & John Mei-ricke are hereby authorized to
end smale cawses, at Hingham, till y*" next session of this Cou''te. By
both.

.dt a Gen" Court, at Boston, 20: 3: 46.

Itt Is ordered, y' y^ secretary doe send forth warran'^ to all constables
to bring in to one of the coiiiission'^ for y' Vnited CoUonyes y^ just
towns, return noumber of all }* males w"'in their seuerall tonnes, betweene y"' ages of

to be made.

16 to 60, y' so y" chardge of y" late expedicon, & y" wampani dew from

y° Narrowgansett, may be dewly ppoconed ; & y', for time to come, y*

coinission" for y"' Vnited Collonyes shall, vpon all such occacons, send forth

their oune warran'^ to y" cons'ables, for y" same pu'"pose, y' this Cou''te

may not be troubled herew"", nor y= se''vice neglected for time to come.

Charges of hos- "NA'hcreas it hath binn alleadged by ^lo'"" De Aulnay, y' this collony or

D.'Aulnay con- gouefui' of y' Massatusetts hath acted in y" expedicon of La Tou"' & Cap'

futed. Hawkins ag"' Moun" De Aulnay, this Cou''te, having taken it into cou-

sideracon, & thoroughly examined y" premises in y' pticuler, doth heerby

declare, y' this gouefment hath not had any hand in y^ said expedic6n

ag"' y'^ said Mouns'' De Aulnay, or any act of hostillity coiiiitted either by

La Tour, Cap' Hawkings, or any other French or English in y' warre ;

neither did this Genne''all Cou'te, (wherein y* sup'^eame power of this ju''is-

diccSn resideth,) forme''ly or latte''ly, allowe of any p''ivate letters written

from any man, whether GoGn'' for y'^ time being, or any other publicke

pson or psons w'soeuer, to be an acte of this state to ingage this collony

in any designc, w"'out y^ consen' of this Cou'"te first had & obtaj-ned, &

y" same therein expressed ; neithe"" ha"" this Cou^^te given or consented to any

[*76.] such private lette"^ w'soeuer to be written from any man touching this pticuler.

Committee up- *This Cou'te thankefully accep''* of y'' labo"'" of y*" seue''all coiiiittecs of

laws. ° y' seuerall shieres as they arc rctou'ncJ by them, & being very vnwilling y'

THE MAS.-5ACHUSP:TT3 BAY IN NEW ENGLAND. 75

such p''etious labCs should fall to y"^ ground w'-'out y* good successe as is 104G.
geiiiie''ally hoped for, have though' it meete to desier Richard Belliughm, ' '' '
Escp, & Left Duncan, W Nowell & Lef Johnson, W Symonds & I\I' ^"^^''^'
Warde, to cawse each coiiiittees retou'ne, about a body of lawes to be tran-
scribed, so as each coinittee have the sight of y" othe''s labo''s ; & y' y°
psons menooned in this o''der be pleased to meete together at or before the
tenth of August next, at Salem or Ipswich, & on y^ pvsing & examining y«
whole labo" of all the coiiiittees w"' y^ abreviacon of y" lawes in force,
v,''^ M' Bellinghni tooke great store of paynes, & to good pu'pose, in «&:
vpon y" whole doe make retourne to y° next session of y° Courte, at w''''
time y" Courte entends, by y'' favo'' & blessing of God, to pceed to y«
establishing of so many of them as shallbe thought most fitt for a body
of lawes amongst vs. By both.

For y« better keeping of watches & wards by y* constables, in times Penalty for not
of peace, itt is ordered, y' eQy constable shall ^sent to one of y" next watThes."
magis'^ y" name of euery pson who shall, vpon lawfull warning, refuse or
neglect to watch or warde, cither in pson or by some other, sufficient for
that service ; and if, being so conventcd, he cannot give a just excuse, such
magis*^ shall graunt warran' to y° constable, to levye five shillings of such
offendo'' for euery default, the same to be imployed for y" vse of the
watch of y^ same tonne. And it is y" intent of y" lawe, y' euery pson of
able body, not exempted by lawe, or of estate sufficyent to hire another,
shall be liable to watch, or to supply it by some other, when they shallbe
thercvnto required ; and if there be in y* same howse diuerse psons,
whether se''vants or soiou''ne''s, they shallbe all compellable to watch as
aforesaid. By both.

M"' -Francis Willowby is chosen & appointed as a rese''ve, in case Cap'
Hauthorne, by reason of some hand of God, y' is not fo'eseene, nor cannot
be pvented, should not be able to goe to Penobscott, to Mouns' De Aulnay,
then il" Willoughby to be a coiiiission'^ in his roome. By both.

Thomas Laughton, Edwai-d Bu'^cham, & Tho: Putman are authorized by
this Cou'te to end smale cawses, vnde'' twenty shillings, in y" toune of
Lynne. By both.

Itt is ordered, y' Boston & Charles Toune shall have each of them Boston &
their ppo'cons of two barrells of powder, w* this Cou't allowes them, y' have powder
they may not neglect to retou'ne coiiion salu" to vessells w'^'' salu'e them ;
Boston to have two thirds of the two barrells of ponder, & Charles Toune
y' othe' 3'' pte.

Itt is ordered, y' y'' ll"" day of June, throughout this ju''isdiccon.

76 THE RECORDS OF THE COLONY OF

lG4fi. shallbc sett apartc for a clay of thanksgiving to Almighty God, for his great
^ ^ & victorious mc''cyes to o'' deare native countrye, for y" comfortable & sea-
sonable suplying of vs w'' moderate showers, & his mercy in w'-'drawing
his aflictiug hand fiom \s.
[*77.] *Whereas M"' Jo: Winthrop, Jun, & othc" have, by allowance of this

Cou'tc, begunne a plantacon in the Pequid country, w* app''tayncs to this
jurisdiccon, as pte of o'' pporcon of y" conquered country, & v.'hcreas this
Cou'te is informed, y' some Indians, who are now planted vpon y^ place
Indians to re- Avlicre tliis plantacSn is begunne, are willing to rcraoove from their planting

move from the . n . i • <■ -i-. i . i i

Tcquod coun- gi'ound, for y" more quiett & convenient setlmg ot y English there, so that
'■■y- they may have another convenient place appointed, itt is thc''fore ordered,

that y'' said M"" AVinthrop may appoint to such Indians as arc willing to
remoove other lands on y'' other side, w'''' is on y'' cast side of y" great river
of y" Pequid countrye, or some other place, for their convenient planting &
subsisting, w"^"^ may be to y'' good liking & dew satisfaccbn of y" said Indians ;
& likeuise to such of y« Pequid Indians as shall desire to live there submitting
themselves to y" English goQinen*, reserving to y'= coiiiissioners of y*' Vuited
Collonyes w' J>p''ly belong to their disposing, conce''uing y"^ said Pequids ; and
also to sett out y° place for y'' plantacon, & to sett out lotts for such of the
English as are there already planted, or shall come to them ; and to goueme
y" people aco''diug to lawe, as occacon shall requler. SP Thomas Peeters is
joyned w"' M'' Winthrop, to asist him for y*^ better carrying on y" ■workc of
y° said plantacon, aco''ding to order. By both.
Committee on Whereas Thomas Dudley, Esq'', Depu' GoQno', Cap' W™ Haw^ho^ne,

Mons' de Aul- ■t-v-itn- •• ii-z-i

nay : dispute at & Majo' Daniel Dennison are chosen commission"^ by this Cou''t to goe to
Pcnobscott to treate av"" Mouns' De Aulnay, or his agents, concerning y"
ptended differences betweene him & this goQm', y" Courte doth- order &
appoint, & hereby do"" give full powe"^ to, Majo' Gennii Endecott, Rich : Bel-
linghm, Esq"", Cap' Rofet Bridges, M' Francis Willoughby, & Mr. Duncan to be
a close coiiiittee to drawe up, & give out, such instruccons to y* said Thomas
Dudley and y^ rest as they shall to their best skill & -wisdom see most con-
dvcing to y" jJsen' & future peace & -welfare of this coUony, -w^'out
making knoune y" same to y' Genn" Cou'te, vntill y* said comission's shall
retou^ne ; as also y^ coiiiittee hath hereby full power to order & appointe
how many attendan'^ y* said coiiiission's shall have, & their wages ; as also
shall take care for a convenient porcon of money for y* coinissione''s to cari-y
w"" them, & for their pvicbns, befitting their psons & suitable to y' ser-
vice, and what allowance shall be given y" said coinission''s for their paines
& times expended, & damage in their oune domcstiq buisnesscs in their

THE MASSACHUSETTS BAY IN NEW ENOLAXn.

absence, and for y appointing soiTi iute''p''cter & hiring of a vessel! \
other requlsits that couce^ne this buisnes. By both.

*Whereas heretofore there was a peace agreed vpon betwcene ^Mous''
Danlnay, Knigh, goGn' & leO genne^all for y^ King of Fraiince, of y coast
of Acady, country of New Fraunce, by his agent ilouns'' Marey on y" one
ijte, & y Goiln' & Magis'^ of y' Massatusctts Bay in New England on the
other pte, w"^ had reference to an assen* therevnto to be given by y'^ other
jurisdiccSns in New England in confederation w'-' them, w'^'i assen' was after-
wards given vudc' y° hands of y" coinission''s of y'' "S'nited CoUonyes, & in
October last sent to y^ jSIouns'' Daulnay, to have binn by him subscribed &
retou'"ned to vs ; and whereas y" said ilouns' Daulnay did then make difficulty
& demurred vpon the subscription thereof, in regard of some iuiurycs &
damages he alleadged to be sustayned by some of ours, requiring satisfaccbn
thereof befoi-e he would subscribe y" artickles of peace, desiring that wee would
therefore at tliis time send ce'taine agen'^ quallified & authorised to treat
w'^ him & his agents, & compound the same ; wee, therefore, the GoQn'', Dep'
Gouu'', Majestrates, & Deputyes, making y Genne'all Courte at Boston, wherein
the supreame power & authority of this jurisdiccon resideth, being desirous
y' a just & a^quall peace may be kept & maintained betweene the two nations,
and w"" y^ said Mouns"^ Daulney, & all our neighbo''s & ourselves being willing
also to gratifie y* said Mouns'' Daulney in this his ' request of a treaty, that
soe it may for his satisfaccou be fully manifested to him how innocent wee are
concerning those wrongs he supposeth wee have donne him, & how out of y"
desire of peace, & mutuall trade, & coinerce w"^ him, wee would have sup-
pssed our greifes & borne our losses by him & his, suffered in silence,
if he had not thus pressed vs to a complainte thereof, have hereby authorized commissioners
& appointed o'' much honno''ed, right trusty, & well beloved Thomas Dud- appointed on
ley. Esq'', y<= Dep' GoQn' of this jurisdiccbn, & o"" faithful! & worthy freinds, nay business.
Majo"^ Daniel! Dennison & Cap' W™ Hautho'ne, our coiSission's & agents
for vs, & in o' names & steede to treate w"' y* said Mon^' Daulney or his
romission''s sent fiom him w"" like plenary power & authority as wee hereby
give vnto yow our coinission's & agents for y" determing & compounding of
all differences & greivances betweene him & ourselves, authorizing & giving
to yow heereby full & absolute power to agree & determine all greivances,
complain'', iniuryes, losses, violences, and dammages, w* shall appeare vnto
yow, or w"^*" shall be supposed to have binn donne or perpetrated either by vs
or any of ours ag"' him, or by him or any of his against vs or any of ours,
hereby obliging ou''selves to stand, to abide, & pforme w'soeuer yow shall
vudc' vo"" hands tcstifvc so to have agreed vnto. Tn testimonv Mhcrcof wee

THE EEC0RD3 OF THE COLONY OF

G 4 f». have hereunto affixed oiu' publicke seale, & have caused our sec''tary to subscribe
the same this ^ day of ^, old stile, in the yeere of our Lord 1646. By both.

*Itt is ordered y' y'' eleventh day of June, throughout this jurisdiccbn,
shall be sett aparte for a day of thanksgivlnge to Almighty God for his great,
victorious mercyes to our deare native country, for y" comfo''table & seasonable
supplying vs w"i moderate shower', as also for his great mercy in w"^drawing
his aflicting hand from of vs. By both.

The Cou'te is adjourned to y' 7"" day of October next, vnlesse y" GoQn'
see cawse to call it together againe by his warrants sooner. By both.

7 October. Ati another Session of the Gennerall Cou''te of Eleccons, held at

Boston y' 7: 8 M% 1646.

( AP"^ Robt Keayne was chosen Speaker to the Howse of Depu*^ for the first

day of sitting. Cap' Rofet Bridges was chosen sec''' for y" first day of sitting.

M'FrauncisWillowby was chosen comptroller for y^ whole time of sitting.

' Cap' Roti' Bridges was chosen Speaker to y' Howse of Depu'' for -f

whole session.
Persons to end Where as there is no order made appointing who shall end small cawses

rnna cue. ^^^ touiies vnder y" vallew of twenty shillings, where one only majestrate
dwells, & y« cawse concernes himself, itt is therefore ordered, y' in such cases
y' 5, 7, or more men in euery such toune w'='' are selected for p''udentiall af-
faires, shall have poAver to heare & determine such cases, & to graunt execution
for the levying & gathering vp such damages for y" vse of y" pson damnifyed.
By both bowses.
Eule of proce- Whereas by a former order y" def^ is to have sixe dayes warning by jjcesse

our s. ]jg£Qj.g jjjg jjjjjg gf j^jg appearance, &6, & no pvicoa made in y^ said orders for
suddaine occacSns w'^'' may concerne strainge's or others, where there is not so
much time before y^ next Cou''te, nor cann they stay till a Cou'te after, itt is
therefore ordered, y' in all such cases, y* clarke of y' writts, by warrant from
one of y next magis", who is to weigh y" necessity of y* case, may graunt
pcesse for -f def* appearance at y« next Coune ; & y* same Cou'te may re-
quire y* def to answer, if they see just cawse so to doe, though he hath not
had sixe days warning, as in y« former orde'' is appointed, & y« clarke of y^
writts is to mencon in y'' pcesse vppon w' magis'^ warrant he graunted the same.
By both howses.

Cap' Athirton, W Carlton, & M'' Bartholmew are appointed a coiuittcc
to audite y'' accomp'" of y"^ cap' of y Castle.

In ansW to y*' peticon of y'= sagamore of Agawam, liberty was graunted
to one of our smithes to mend his gunnc. Bv both.

THE MASSACHUSETTS BAY IN NEW ENGLAND. 79

*Iii y" case of Robt Miller, now in p''ison, acuscd for beastiulit, y"" witt- 1 G 4 G.
nesses seeming to disagree, y" coldnes of y'^ season approaching, itt was ordered, "" "< '
y' his oune band should be taken for his appearance, to answer it at y" next j^ T^m\„ libej.
Coune of Asistan''. By both howses. ated.

51"" Treasurer, M'' Auditor Geunii, & ^P Sparhawke are appointed a L J
coiiiittee to examine all matters of accomp' betweeiie M"' Welles & y'' country,
by comparing his letters.

With respect to y" extraordinary occacons y' many membc'''^ of y' Cou'te Court ad-
have, & y' shipps being suddainly to dept for Engid, wherin most have much
to doe, y= Cou'te was adjourned to y" next -l"" day of y** 9 m", at one of y°
clocke. By both howses.

^itt another Session of if Gennerall Coule, held at Boston, y' 4"'
9: Mo: 46.

AP-'' Rot)t Bridges was chosen Speaker to y" Howse of Depu'" for y= 4 November.

whole session. S eakef

M'' W™ Ting being chosen & ^iented, by y"' toune of Boston, as depu' in
y' roome of Majo'' Edward Gibbons, was accepted.

Itt was ordered, y' one hundred pounds should be suddainly raised for y^ Money to be
furnishing of il" Edward Winslowe, whom this Cou'te ha"' chosen & appoint- Winsiow.
ed to negotiate for them in England, &e.

A letter writt by y" GoQn'' in y" name of j-« Gennerall Courte to y^ gen' of Letter to intro-
Plimou"', to informe them of our sending M"" Edward Winsiow to nego- j "„,°
tiate for vs w"" the honno'able coinission" for plantaGbns, & y' if they
please to imploy y" said ]\I' Winslowe in such occacons as may concerne
them, they may, w"" respect of their bearing such pporeon of the chardges
■w"" vs as they shall thinke meete.

S' : Our Gennerall Cou'te being oocaconed by w' wee lately rec* from
the honnorable coiiiission's in Engid, to send some to clecre vs of such fake
imputactins as Gorton, &6, have there chardged vpon vs, wee have intreated M'
Edward Winslowe to vnde'take y^ worke for vs, w'*" wee thought fitt to ac-
quainte yow w"», & our brethren of Newhaven also, to y« end y' if yow con-
ceave he may stand yow in any stcsd, in yo' publicke affaires w"" y<' said coin-
ission's, yow may please to send him coinission & iustruccons for that purpose.
Yow know y' gen', his abillitycs, & faithfulnes.
In much streight of time, I take leave, & rest

Yo' assured freind,

JO: WINTIIROF.

80 THE IIKCORDS OF THE COLONY OF

1G4G. M"' Simoiid Bradstrect, iVP Thomas Flint, Cap' Rob' Kcayue, Pccter

Brackett, & M"' Carleton are appointed a coiiiiittce to pvse y" gen' letter about
y* ii'on worke, making returne of w' they conceave meete to be donne there-
abouts. By both.

[*81.] *In ans'" to )■* pcticon of Stephen Gates, Frauucis Smith, Jn" Winches-

s. Gates & tgj.^ jj^o Bealc, & Jn" Badge, of Hinghm, for y" abatement of their fines of

others to make

a public ac- 14^ a pelce, being poore & not able to pay it, itt is ordered, that they shallbe
jyjjjjj ° remitted their fines, so as they make acknowlcdgm' of their offence vpon some

lectiu-e day, at Boston. By both howscs.
X. Rogers to Itt being the time & turne of y"" Depu'^ for to choose & appointe y®

sermon ministe' to p'"each the se'mon at y'' next Cou'^te of Eleccon, they chose

& desired M' Nathaniell EogCs, of Ipswich, to p''each y" next eleccon
sermon.
E. Kendall Elizabeth Kendall, late wife to Samuell Holly, did acknouledge before

the Gcnnerall Courte, in consideracon of twelve pounds in hand paid to
hirself & John Kendall, hir husband, shee did sell to Edwai-d Jackson, of
Cambridge, y' dwelling howso of hir fornic'' husband, Sam : Holly, w"" an
outhowsc & tenne aC^ of land, enclosed, w"' all y^ libertyes & priviledgcs
thereto belonging, W'' hir husband gave hir during hir naturall life ; as also
fower ac's of land, more or lesse, in Cambridge liberty, abiitting Eoxbury
highway on y* north, John Jackson on y" west, y*" Coiiion cast & south.
Wittnesses to y" sale.
J": Russell, Sen.,
Jn": Russell, Jun.
Lynn to have Itt is ordered, y' it shallbe in y'' libe''ty of y"^' touue of Lynne to erect

& keepe a markett on cQy third day.
63: 2' QJ Itt is Ordered, y' j'^ sliifts of y" children, in y" hands of M"' Glover,

shall, by him & y" Treasurer, be app''izcd, & deliud to y" capt of y" Castle, in
ptc of payment for w' is dew to him. By both.

Cap' Willard being fyned 5'''' for his absence, on his excuse it M'as re-
mitted, he satisfying y* messenger y' y" Cou'te sent to him.
AVatertown. In ans' to y^' peticbn of y'' toune of Water Tounc, M' Richard Broune is

inarrr'"'" appointed, & by this Courte, & authorized to marry such as are published

acording to order in Water Toune. By both bowses.
Sarah Barnes In ansM"' to y<' pcticon of Sarah Barnes for y° remitting of a fync of five

el! ' ^ ' pounds imposed on hir husband by j'^ Courte of Salem, & y' W™ Addis, who
was surety for y' said fync, should be dischardgcd, & net trouble, therefore,
the Courte being informed y' Addis, contrary to advice, would be surety for
the fyne, y' so y'= sd Barnes should escape corporal] punishmen', itt is ordered,

THE MASSACHUSETTS BAY IN NEW ENGLAND. 81

y' y' said Addis shall not take any thing fioni y" said Sarah Barnes, but seekc 1 G -1 G.
his remedy at the hands of the husband only.

*Ayhereas men doe passe oucr y* coiiion ferryes in great dainger often-
times, & y" ferrymen excuse themselves by the importuning of passengers & j^^„
want of lawe to give them power to keepe dew order, &d, itt is therefore ^^"i''^-
hereby ordered, y' no pson shall passe or enter into any ferryboate contrary
to y"* will of y*^ ferry men, or of the most of \'^ passeuge" before entered, vpon
paine of tenn shillings for ciiy such attempt, & y' eQy ferry man that shall pmitt
& allowc any pson to come into his boate agn' the will of any of y'' maies'"' or
depu'% or any of the elders, then in such boate, or y^ greater pte of y" passen-
gers then in y° boate, shall forfeite for eQy pson so admitted or receaved ag"*'
such will dc-clared, the soiue of twenty shillings ; and it shallbe in y° powe'^
of any such ferry man to keepe out or putt out of his boate any pson y' shall
enter into or stay in such ferry boate contrary to this order ; and it is furthe'^
ordered, that all psons shallbe receaved into ferry boa*^ acording to his coining
first or last, only all publicke psons, or such as goe vpon publicke occac6ns, or
phisitions, or chirurgeons, or midwives, or such as are sent for, such shallbe
transported as such as come first. By both howses.

The accomp' of M"' Edward Allyn is reed & accepted, all but y 7* i' E.Aiiyn, ac-
mentioned for a selwith, w"^"* is left till il'' Aliens cxccut''^ cann bring in w' y* p^"" ^uspen
selwith meanes, & y' it is of such a vallew before it be accepted as pt of y"
accomp'.

The Courte having formerly graunted ilajo"' Nehemiah Bourne y'= loane Guns loaned
of sixe great gunnes, as in y" graun', &5, giving caution for their retournes
acordingly, w*'' is referred to y" surueyo' genne''all to see it be pformed acord-
ing to order.

In answ' to y'= peticbn of M"^ Margarett Howe & Nathaniell Tredaway, m. How li-
libe'ty was graunted them to drawe two butts of wyne, W'^ they reed for debt, ''^"'^^
vf'^^ they cannot sell w"'out great losse by y^ butt. By both howses.

In answ'' to y^ peticon of y' toune of Hampton, itt is ordered, y' Ilamp- Hampton to
ton shall be allowed five poun,ds out of y^ next country rate towards the mak- making n road.
ing of a sufficyent carte & horseway ouor the great mareshcs there, & so as they
.doe it suddainly.

In answ"" to y'' peticbn of y<^ toune of Braiutree, Henry Adams is appoint- Braintice, II.
ed clarke of y" writts in y= roome of Peeter Brackett, & also one of the three ,',Tits.
men to end smale cawses. By both howses.

In answ' to y° peticbn of M" Dingham & .John Alcocke, y dcvicon of y'' House, divis-
p' J "^

THE RECORDS OF THE COLONY OF

1G4G.

W. Waldern<
writings, dire
tions about.

Rates of warf-
age.

to John Alcockc, & J to Samuell, is approovcd of & confirmed by the Cou'te.
By botli howses.

*The Cou'te order, y' no pcticbn should be reed after fhe first three dayes
of the C'ourte, is hereby repealed. By both howses.

Itt is ordered, y' y* audito"' gemiH: shall examine Alexande'' Bccke his ac-
conipt, & take order for his speedy satisfoccon. By both howses.

The Cou'te, -well weighing y' good service pformed by Cup' Rob'
Bridges in y'^ negotiation wherein this C'ourte lately im ployed him & called
him to, w"' y' daingers & losses y' -were attending therevpon, thinke meete to
allowe him tenu pounds as a smale manifestacon of their loving acceptance of
his good service therein, & for y" chardges he was necessitated to lay out for
y= acomplishmeut thereof, being hindered, by y"' many debts y"= country stands
engaged for, fully to requite him ; as also in like manner Lei'' Walker is al-
lowed flowc"' pounds, & Sa''g°' INIa'^shall forty shillings.

In answ' to y'^ peticon of Eichard Walderne for a disposall of all pub-
licke & private writings y' were in y" hands of W™ Walderne, late recorder
of Dover, deceased, itt is ordered, y' M' George Smith & M"" Edward Stai--
bucke shallbe a coiiiittee to survey y" bookes & writings y' were in y' hands
of the said W™ Walderne, & to give to eQy one y' w"'' belongs to them, & such,
publicke writings as belong to the Cou'te at Piscatac^, or any pte of this juiisdic-
con, to reserve in safety till further order from this Courte. By both howses.

Orders to be observed by all such as shall bring any goods vnto y" wharfe.

1. That all forraigne goods recbned by the tunne or loade shall pay 4'^
p tunne, except it be otheruise specify ed.

2. Firewood shall pay S"* p tunne.

3. For stones a l"* p tunne.

4. For timbe', 3'* p tunne.

5. For all caske goods, as fish oyle, or y'' like, of this jurisdicc6n, 4'*
p tunne.

6. For pipestaves, 6'^ p thowsand.

7. For hay, 2'' p loade.

8. For great catle, in either shipping or landing, 1^ p head.

9. For goates or swyne, a larthing a head.

10. For come, each q'ter, 1'.

11. For diyed fish, i ot kcutall; & all goods not included in these shall
pay acording to their pporcons.

12. Y' w' goods shall lye on y" wluufc above 48 howc" shall be liable to
nav wharfan-c auainc, & so for cuv 48 howc's.

THE MAS3AUIIUo1':TT3 JJAV IN NKV\' EXGJ.AND. 83

13. Y' wood, stones, & all weighty goods shall be landed & orderly sett 1 0 4(».
vpon end, or layd 7 foote from y'' side of the wliarfe, vnde'' the penalty of ' '

4 November.

double -wharfage.

All the above menconed allowances for wharlage for goods are allowed
& confirmed by y" Cou''te as meete allowances, & all are to attend these rules
in this respect. [*8-i.]

*M' Bozon Allen, on his moc6n, by reason of his great lossc in his B. Allen ex-
mill damme, occaconed by the last great storme, was dismissed y'= service
of y° Cou'te, vnlesse lie could conveniently come againe.

M' Glouer, Capt Atherton, & John Wisewell are ajjpointed the tlii'ee M' Glover &
men to end smale controQsyes in the toune of Dorchester for one yeere. gmaii m.itters.

Eichard Redman, being indicted by y" grand jury, & tryed by a petty ^^'^^^ Redman
jury, for bemg accessory to y' massacring of Luther, & lower more, in De La quitted.
Ware Bay, by j" Indians, he was brought to y'' barr, y" evidences brought &
read before him, to all w'''' he pleaded not guilty, & was dischardged, paying a
butt of sacke for his ransome from y" Indians. Contradicens to y' orde', Edw :
Rawson, Rob: Keayne, Jo: Johnson, W'" Parks, Peeter Bracket, & Lef Johnson.

In ans'' to y' peticon of )•* inhabitan'" of Doner, "SL' Smith, Left Pomfrett, Dover inhabit-
& Jo : Hall are appointed the three men to end smale controiisyes there l"_ **' ^^ ' '°"
for this yeere, & M'' Smith is ajipointcd clarkc of y" writts, in y" roomc of
M"" Walderne.

M' Bozon Allen, Nicolas Baker, & Nicolas Jacob are appointed the b. Allen &
three men to end smale controQsyes in Hinghani for this yeere, & Samuell °' "'^ '",!"

^ ~ .' ' small matters

AVard is appointed clarke of the writts there. '" Hingham.

In ans' to y'' peticon of y'^ toune of Newbery, Edward Rawson is Xewbury, e.
appointed & authorized by this Courte to marry there such as are published ''"™" "''
acording to y' order of y'= Courte, & during y" Cou''ts pleasure.

Itt is ordered, y' Edward Rawson shall have twenty markes allowed E. Rawson,
him for his paines, out of y" next levy, as secff to y" Howse of Depu*^ have 20^iarks
for two yeeres past. By bo"' howses. ''^ ^^^'^°- P'^J'-

Itt is ordered, y' Richard Saltonstall, Esq"", shall have a smale peece R. Saltonstall
of ordinance, in satisfaccttu of a debt of nyne pounds, dew to S" Richard CT^^ntod'""""^"
Saltonstall, for ainunition ; & w' y" said peece shallbe vallewed above tenn
pounds by y'= su''veyo' genn", y" said Richard Saltonstall, Esq"", to retourne
in redy mony, for y'' countryes vse. By bo"" hoM'ses.

Itt is ordered, y' if any pson shall take any tobacco w"'in the roome Ag"' taking to-
whcre the Courte is sitting, he shall forfeite, for eQy pipe so taken, 6'' ; & bonier Court
if they shall offend againe, in contemnng this wholesome order, he shallbe *'"^-
called to y« barr for his delinquency, & pay double his fyne. A'otcd.

84 THE REC'OKDi OF THE COLONY OP

1G46. INP Fraiincis Xortou is accepted of & confirmed in y'^ place of left

to y" company of diaries Toune, in y'-' roome of LeP Sprauge, 'who is
dischavdged, on his request, therefrom, & Sarg"' Sprauge is accepted &
confirmed as ensigue to y" said company.

*Tlie Genne'all C'oii''te, conceaving themselves bound by the first
optunity to beare witnes ag°' y" haiuous & crying sinn of man stealing, as
also to pscribe such timely redresse for w' is past, & such a lawe for y"
sent to Guinea, f^ifm-g ^s may sufficyeutly deterr all others belonging to vs to have to doe
in such \i\e & most odious cou'scs, justly abhorred of all good & just men,
doe o'der, y* y" negro inter|>t'', m''' othe's, vnlawfully taken, be, by the first
optunity, at y'" chardge of y" couutry for fsent, sent to his native countiy
of Gynny, & a letter w"' him, of y'' indignacou of y ■ C'ourte thereabouts, &
justice thereof. Y" psccuting of this Dido'' is left to y'' care of our honno'"ed
Gofln'' for p.sont. By both howscs. ■

In y" case of Redman, being on his tryall for being; accessory to y°

murder of Luther, & y" restw'" him, y'' Depu'^ entered into this oath of God,

herevnder written, e?ccept such as had share in y" goods lost in y* vessell,

Depui-oatli on viz. : Wee doe sweare by y" dreadfuU name of y" living God, y' in this case,

' concerning y'^ tryall of Eedman, about the murder of Luther & y'' rest by

y' Indians, -wee will dealc vprightly & justly, acording to our judginn'^ &

conscience, y"" Lnves of this jurisdiccbn, & y" e^'ldence y' shallbe given, as

ncerc as wee cann. So hclpe vs God, &S.

M. Scarboro' In answer to y"" pcticbn of Mary Scarborough, wyddow, the Cou'^te

gj graunted hir, & hir husband y* shallbe, liberty to sell y" howse & land of hir

late husband, John Scarborough, in Eoxbury, & make a good title thereto ;

l^rovlded, y' hir husband give in security to bring vp the children of y" said

John Scarborough. By both liowses.

Goum's sti- The Courto thankfully acknowledgeth y° good service our honno''ed

r'gov com- Depu' Gofi hath doune, in y" place of y" Gofin'', y" last ycere, & ai-c not

pensated. ^ jjj^g troubled, y' y'^ many p''cssing vrgcnt necessityes & necessary chardges

of y" collony are such as to intervene betweene his deserved merritts & y®

just recompence av'^'' this Courte is vsed to allowe. but beleeving he is no lesse

sencible of the p>mlsses then ourselves, doubt not of his loving acceptance

of so slender an acknowledgment, have thought meet to order, y' oiu-

honnored Dep' GoQn'' shall be^allowed, out of the next levy, the soiiie of

sixty pounds. By both howscs.

Committee for Itt i« ordered, y' our honno''ed GoQn', Rich BcUinghm, Esq', INI'' Hib-

^™''' bings, ]M'' Hill, & M' Duncan, or any three of them, meeting the other,

having not ire thereof, shallbe a coinittee to pvse, examine, compare, tran-

THE MASSACHUSETTS BAY' IN NEW ENGLAND. 85

scribe, correct, & compose, in good order, all y" libe''tyes, lawes, & orders 1 G 4 G.
extant w* vs ; &, farther, to pvse & pfect all such others as are di-awne vjt, *■ ^

4 November.

& to p>sent such of them as they judge necessary for vs, & to suggest w' they
deeme needful! to be added, as also to continew & contrive some good
method & order, by titles & tables, for y'= compiling the whole, so as wco «
njay have recourse readily to any of them vjjon all occacons, whereby wee
may manifest our vtter disaffeccbn to arbitrary goflment, y' so all relacbns be
safely & sweetely directed, & pfected in all then- just righ" & priviledges,
desiring thereby to make way for printing our lawes, for more publickc &
piEtable vse of vs & our successo''s. By both howses.

*This Cou'te, being informed y' some psons, more seeking their ounc [*86.]
private advantage then the good of the publickc, doe intend to transportc i'^nsporting

^ of leather or

rawe hides, &<?, doe heereby order & cnacte, y' no pson shall deliver aboard raw hides pro-
any sliipp, or other vessell, directly or indirectly, any rawehide, or leather
vnwrought, w'^ intent to have y"" same transported out of this jiuisdiccon,
vpon paine to forfeite the same, or the vallew thereof. And y' no master
of any shipp, or vessell, shall receave any rawe hide, or leather, du-ectly or
indirectly, aboard his shipp or vessell, to be so transported, vpon the like
penalty. This order to be for"'wi"* published at Boston & Charles Tonne,
by setting vp the same vpon the meeting house doores, & vpon the mainc
mast of y'= shipp now bound for England, & of other shipps hercaftei-, as
occacon shall require, otherwise the m'' shall not incurre y" penalty, except
he be an inhabitant in this jui-isdiccon ; pvided always, y* It shallbe at liberty
for any pson, strainger or othe''s, to transport any hides, or skpmes, y' shallbe
brought hither from other pts, beyond seas, by way of merchandize. By
both howses.

Itt is ordered, y' y'= peticone''^ shall be required to appeare before the
Coui-te, to receave theii- chardge, & give in their answ'^, on y" next third day
of y" weeke. By bo"" howses.

Edwai-d Goffe, Jn°' Johnson, & W™ Parkes are appointed a coiiiittee to Comission to
treate w"' M' Sparhauk, or any o"'ers whom they shall thinke fitt, about fo""^! in^jans ^
such parcells of lands w"""^ they iudge meete to purchase for the incouragment w M' Shepp"',

^ . . . ° M' AUin, and

of y<= Indians, to live in an orderly way amongst vs, & to orde"" y^ payment M' Elliott.
thereof out of the tresury, out of the first guift, for y'^ good of Indians ; y°
chardge of 'this purchase be repaid to y" country, seting doune some rules for
y''^ impving & enjoying thereof By botli howses.

C'apt Atherton & W" Parkes are chosen a coinlttee to treate w"^ y" cap' Committee on
of y" Castle about the hostages, & w' they shall agree ^•pon w"' him he shallbe {."jj]^^^ "
satisfyed out of the tresury, w'''' is to be paid back againc by all the coUonyes.
By both howses.

8G THE KEGORDS OF THE COLONY OF

1G4(!. Ill aus' to y° peticon of AV'" Wymbournc, ffoity sliilliiigs of the three

'^ pounds fyne imposed on him, for drawing of beere -w^'out a licence, was

remitted him. By bo"' bowses.
Dayof humili- Itt is ordered, y' the 24"' day of the next 10 m sliall be sett apart

a^ionappom- jiji-Q^jgiiout this jurisdiccon for a day of liumilliacon, w"" respect to y°
hazordous estate of our native country, y" trowbles thereof, y^ sad condicon
of y® church at Barmuda, & y^ weighty cases in respect of our churches &
coiuonwealth, w"' reference to any that seekc to vndc''myne y" Hbe'tyes of
Gods people here in either or both.
[*87.] *Itt is ordered, y* y^ lawe made in y^ 9 &, 1644, for y' bringing seuerall

psons of worth in y" country to an orderly elecc6n, should be putt in execu-
tion for this 5'eere ensewing, save only the time for y" meeting at y' shier
tounes is chandged from y' last S"' day of y" last mon"' to y° 2'^ 4"' day of
the first monetli, & so till y' last third day pf y first month.

Whereas there is an order in force, y' no man shallbe put to the vote
for a majes? at y" eleccbn but such as are nominated at y" Gennerall Courtc
next before the yv'^ orde'' is hereby repealed, and for an orderly pceedinr
in a way of nominacbn, that each free man may have his full libe''ty in
voting, itt is ordered, y' the freemen of this jurisdiccSn shall meete in their
seuerall tounes w"'in two mon"'s after the date hereof, to consider of N\'honi
they would nominate to be putt to vote vpon the day of elecuiSn for new
Way to elect magis'^, to the noumber of seven ; at w'''' meeting eQy freeman shall have libe''ty
to putt in his vote for whom he thinketh fitt, all w'''' votes shallbe sealed vp
at y' meeting, & sent by some one or two, whom they shall choose, to y*
shier tounes in each shier vpon y" 2^ 4"^ day in y^ 11 in, at w<^'' meeting
y" said select men of eQy toune, by whom y"^ votes being brought, shall
not have power to open them, being sealed vp as before, but shall choose
one or two from amongst themselves, by whom they shall send y" aforesaid
votes, being sealed vp all in one paper, vnto Boston, on y" last third day
of the first mon*'', at w<''' meeting there shallbe two magis'% before w-hom the
p'oxyes shall be opened & sorted ; & those psons nominated for majes'^ that
have most votes, to the noumb'' of seuen, shallbe they that shallbe putt to
y° vote at y" day of eleccbn, & y' such as have most votes to be first nomi-
nated & putt to eleccon, y' the freemen may know for whom to send in their
p''oxyes. The select men of efiy shier being at this meeting shall take care
to send to y" select men of cQy toune whom they be y' are to be putt to
vote, w* select men of cQy toune shall call a meeting of their tounes, &
acquainte them whom they are, that so the freemen may have time to consider
of them, & send in their p''oxyes acordingly ; & no other shallbe putt to vote
but such as are agreed vpon, as before. By both bowses.

THE MASSACHUSETTS BAY IN NEW ENGLAND. 87

Itt is ordered, y' M"' Dunster sliallbe allowed 100", & paid him out 1G46.
of the next couutry levy, in pte of his debt, oQ & besids y« 18" w"" is dew ^^ '

to W Samuell Shepheard, v/"^ y" auditC affirmes care is taken for the satis- ^^^ D^nste' a'
fying thereof. By both. lOO'-

Itt is ordered, y' y^ levy y' shall issew out of this Courte shallbe paid
into the tresury in conic, in their seucrall graiiies, at the prizes v,"^ the last
late was paid in. By bo''"* bowses.

•For y avoyding of all complaints, by reason of vnasquall rates, either [*88.]
of tonnes or psons, occacSued thorough y'^ want of one geun" rule & way
of rateing thi'oughout y' country, & that levyes hereafter maybe more easy,
ieq^uall, & ce'taine, itt is hereby ordered, y' in all publicke rates, till this
Courte take further order therein, all sor'^ of catle shallbe vallewed as
hereafter is exp'ssed, viz.: cowes -t yeeres old & vpwards, at 5"; heife" &
steeres betweene 3 & 4 yeeres old, at 4'' ; helfe's & ' steeres betwixt 2 & 3
yeeres old, at 50% & betwixt one & 2 yeeres old, at 30'; oxen 4 yeeres &
vpwards, at 6'' ; horses & mares 4 yeeres old & vpwards, at 7", 3 yeeres
old, 5", betwixt 2 & 3 yeeres old, 3'', betwixt one & two yeeres old, 40' ; Estimate of all
sheepe above a yeeres old, 30' ; goates above a yeere old, 8" ; s-s^-yne above a taxing equally
yeere old, 20' ; asses above a yeere old, 40' ; howses, lands of all sortes, *° '"' taken.
marchantable goods, mills, shipps, lesser vessells, boates, cranes, whai-fes,
together w"' all other visible estate, reall & psonall, y' any pson is possessed
of, either at sea or heere a shore, or hath in his custody, to be vallewed
in the seuerall tounes acording to their -north in the said places where they
are, pporcbnable to the aforesaid prizes of catlc. And it is y" meaning
of this order, y' becawse arrable land, meadow, & catle are to be rated,
that therefore hay & other fodder for catle, togethe" w"" all corne growing
in -f country, in y' husbandmans hand, shall not be liable to any rate. And
for avoyding all partiallity in rateing lands & other estate, not pticuWy prized
in this order, itt is ordered, y' there shallbe, by eQy tonne, one of their
inhabitan" chosen by the fi-cemen of y' said toune, who, w"' y^ select tounes-
men, shall take the just noumber of their males, & also shall make a true
valluation of all things rateable by this order ; w"^"* inhabitant aforesaid, for
their seuerall tounes respectively, shall mcete at their sheire tounes vpon
yc Oil 4th ^gy gf jB jj^gj. j^-^Qi^tu j^g^j euscwlng, to cxamiue the tru"* & a^quity
of each tounes pceeding heerein, who shall correct & determine as to y»
majo' pte of them seemes right & just to be donne, acording to the true
intent & meaning^ of this order ; w'^ assessmen'' of y" seucrall tounes they
shall, vndcr their hands, forthwith deliuer to y* Trcsu'e'', who shall for"'with
also send forth liis warrau" for \-^ Icvvin? the same w"'in two mon"'s,

THE RECOKDS OF THE COLONY OP

[*89.]

The rates p
portioned.

Wayof rate-
ing.

Shute & Sal-
toustall case.

Fowle& Smith,
proceedings

whereby he may have to answer y"^ ingagemen"* of the country. And all
asscssmeu'" for estates shall hencefor'*' be maid the first 4"^ day of the 6
nion"' from time to time, but all levycs for the psons shallbe maid & payd
vnto y" Tresurer in the first montli, from yecre to yecre, as is provided _
in the orde"^ abovcsaid.

*That a dew pporcon may be had in all publicke rates, itt is ordered, y'
eQy male w"'iu this jurisdiccon, servant & other, of the age of 16 yeeres &
vpwards, shall pay yeerely vnto the coiiion tresury y" soiiie of 20'', & so in
some pporconable way for all estates, viz. : Y' all & eQy pson that have es-
tates shall pay one penny for eQy twenty shillings estate, both for land &
goods, & y' eQy laborer, artificer, & handicrafts man y' vsually takes in suiuer
time above IS*! p y" day wages, or worke by the great, v/"^ by dew valluacon
amounts to more then 18'' p day, shall pay p ann three shillings ffbwer pence
vnto the tresury ouer & besides the 20' before mentioned, & for all othe's not
pticulerly herein exp''essed, as smiths of all sorts, butchers, bakers, cookes, vict-
uallers, &c., acording to their retournes and incomings, to be rated pporcbnably
to y^ pduce of y" estates of other men, provided y' such as are poore by sick-
nes, lameness, or other infirmity w'^'" 'makes them vncapable of such rates, are
hereby exempted, as also such servants & children as take no wadges, their
m" or parents shall pay for them, but such as take wages shall pay for them-
selves ; the order for exemption of niajestrates for 500" estate to abide in
force notw"'standing. And hereby powe"" is given to y" Treasu""er for the yeere
being, by warrant to y'' constable, in defect of payment, to attach psons, in case
goods or lands cannot be found, and also to seize lands or goods for such rates,
yett not to medle w"" lands where sufficyent estate of goods or chattells ap-
peare. By both howses.

Itt is ordered, all things being examined & heard y' was brought in y°
case of M' Shurte, plantifiie, & Eofet Saltonstall, gen', def, about a mortgage
of an howse called Wanne'tons howse, w'^'' of their mortgages was valid, and
determined y* Eo'bt Saltonstalls mortgage is valid, & to be pferred before y"
mortgage of y^ said M'' Shurte. By both.

M"" Fowle, being bound for England, & M'' !?mith, of another jurisdiccon,
the Courte sent for them to vndcrstand their answ'' to y"^ matter of y' petico,
w'''' was by them & others exhibited to y' Courte in y^ 3' nronth last. Being
asked by y« GoQn' whethe'' they ouned it, or sawe any evill in it w'='' they would
retract, after y" GoQno'^ declared to y^ thay, the Courte, would be willing to
take satisfacGbn of them, they answered they stood to justify y"-" same, being de-
manded to give in 100* security to be rcsponsall to y" judgm' of y° Courte;
being they were not, or might not be, here when tlic Courts leasure was to

THE MASSACHUSETTS BAY IN NEW ENGLAND. gg

pceede therein, & they -were lo"" to stay, either of them, from such occacbiis as 1 G 4 6.
they had Ynde''tooke, M"" Smith spake, & said he TTould not give in secu''ity, ^^ ^ ~'
but did apjJeale to y* gen' coinission" for plantacons, & would engage himself
to psecute it ; & so said 51'" Foule, in y*' same expssions. Being asked by y«
Gofln"^ whethe"' they did appeale ■w"' dcliberacon, they ansAvered, Yea. Being
called in, & demanded againe to give in security to answer y' matte"" of y'
peticon, they refused to answer, M"" Foulc saying, if y" Courte shall drawe vp
any chardg ag°' them as doing wrong to y' Courte, the Courte were ptees, &
not competent judges ; the'fore they stood to their appeale for competent jus-
tice. Y° Courte coiiiitted them to y^ custody of the m''shall till y^^ gaue
secuiity to be responsall to y' judgm' of y" Cotfte.

*The coiiiittee, having considered y^ controQsy betwene the jurisdiccSn of [*90.]
Hartford, vpon Conecticutt, & the inhabitants of Springfeild, on y^ same river, Committee's
touching either the pirrchase of y' fort, &fi, at the riuers mouth, or the pay- controversy be-
ment of such customes as is or shall be imposed vpon them towards the main- habitants of
tenance of the same, doe declare their judgmen'^ as foUoweth : — Massachusetts

' •> o Sz Connecticut

1. They conceave y' y° jurisdiccon of Hartford, vpon Conecticutt, had
not a legall power to force any inhabitan! of another jurisdiccSn to purchace
any fort or other lands, out of their jurisdiecQn, w"'out theii" consent.

2. They conceave y* it were injurious to require custome to y' mainte-
nance of such a forte, w'^'^ is not vsefull to such of whom it is demanded.

3. They thinke it very vnoequall for them to impose a custome vpon
their freinds & confocderates, who have not more benefitt of the river, by ex-
porting & importing of goods, &S, then strainge'"s of anothe'' nation, who
(though they live w"'in Hartford jurisdiccon) pay none.

4. The ppounding & standing vpon an iniposicon & custome, to be paid
to y° riuers mou"" by such as were, or are, w^'iu our jurisdiccSn, hindered our
confocderacon above tenn yeeres since, & there neii any paid to this day ; &
now to impose it on any of our confocderacon will putt us to new though*^

5. Itt seemes to vs very hard y' any of our jurisdiccon should be forced
to such a bondage as will nessessarily inthrall their posterity, by imposing such
rates & customes as will either constraine them to dept their habitacons or
weaken much their estates, especially when, as they w"^ the first tooke posses-
sion of the river, & were at great chardge of building, Scd, which, if they had
foreseene, would not there have planted.

G. If Hartford jurisdiccSn shall make vse of their power oQ any of ours,
wee conceave wee have the same power to imitate them in y" like kind, w*
wee desier may be forborne on both sides. The whole Courte approoves of
this retourne. By both.

VOL. HI. 12

90 THE EECORDS OF THE COLONY OF

16 46. Itt is resolved on y'' qurestion, & by y' vote, y' such depu'^ as meete at

' ^ ' any time, when y" Courte shallbe adjourned to a sett hower, have power to

tine y'= rest y' shallbe absent at that time, though they be y' major pte that

be absent.

[*91.] *The pctlcon''s, ajipearing before the Courte, heard their pet icon read, out

High charges of W'' the Courte gave them this chai-dgc. The Courte doth chardge Doctor

against D^

Child & others. Child, M' Thomas Fowle, JNI'' Samuell Mauericke, M"" David Yale, M'
Thomas Burton, ^NP Jno: Smith, & M' Jno: Dande, w"* w''' diflse falce &
scandolous passages in a ccrtaine paper, intituled a remonstrance & peticon
exhibited by them to this Courte, in y^ S"* mon*'' last, ag"' y'= churches of X'
& y° civill goQment here established, derrogating from the honnor & authority
of y* same, & tending to sedition, as in y* pticule's following will appeare : —

1. They take vpon them to defame our goQment, & controll both the
wisedome of y° state of England, in the frame of om- charte'', & also y^ wise-
dome & integrity of this Courte, in chardgiug our goameut to be an ill com-
pacted vessell.

2. They open the affliccons w"^*^ God hath pleased to exe''cise vs w"", &
y' to y° worst appearance, & imjiute it to y" evill of our goiiment.

3. They chardge vs w"' manifest injury to a great pte of the people
here, pswading them y' y" libertyes & p'"iviledges in our charter belong to all
freeborne Englibh men, inhabitants hcere, whereas they ai'e granted only to
such as y" GoQn'' & Comjiany shall thinke fitt to receave into y' fellowship.

4. They closely insinuate into the minds of y' people that those now in
authority doe intend to exce'"cise an vnwarranted dominion & an arbitrary goQ-
ment, such as is abominable to y« Parliament, & y' pai-ty in England, thei-eby
to make them slaves ; & to hide themselves, they ^tend it to be y' jelousyes
of others, w* tends to stiiT vp coiuotion. They tell them of iutollerable
bondage to cnsew.

5. They goe about to weaken y"' authority of our lawes, &. y" reflend es-
teeme of them, & consequently theii- obedience to them, by pswading the peo-
ple, through want of y« body of English lawes, & ptly through y" insuiS-
cyency or ill frame of those wee have, they cann expect no sure enjoyment of
their lives & libe'"tyes vnder them.

6. They falcely chardge vs w''-' denying liberty of votes, in cases where
wee allowe them, as in choyce of millitary officers, W'' is comon to the non
freemen w"" such as arc free.

7. Theu- speeches tending to sedition, by insinuating into peoples minds
there are many thousands secretly discontented at y" goflmcnt, &0, whereby
those w'''^ indeed were so mav be emboldened to discofl themselves, & to

THE MASSACHUSETTS BAY IN NEW ENGLAND. 91

attempt some innovacou, in confidence of so many thousands rcdy to joyne 164G.
•«•"» them, & so to khidle a great flame, y" foretelling -whereof is a cheife mcanes "" '' '

, . ,, . 4 November

to kmdie it.

8. *They raise a falce reporte & fowle slaunder vpon y" discipline of our [*92.]
churches, & vpon y* civill goQment, by afEi-ming y' y" fi-ame & dispensacSns Continuance of
thereof ai-e such as goodly, sober, peaceable, &(3, men cannot live heere like against Dr.
X'ians, yv'^ they seeme to conclude fi-om hence y' they desier liberty to re- „s,
Kioove -where they may live like X'ians.

9. They doe, in effect, chardge this goQment w"" tyranny in impressing

their psons into y'= -n-arres, coiiiitting them to prison, fining, rateing them, & *

all vnjustly & illegally.

10. They falcely chardge & slaunder the people of God in their affirm-
ing y' X'ian vigilancy is no way excercised to-wards such as are not in church
fello-v\-shipp, -w-hereas themselves kno-w, & have had experience to y« contrary ;
& if they had discerned any such faiUng, they ought first to have complayned
of it in private to y" elders or bretheren of such churches -where they have bimi
so neglected, yr'^ vree may -well thinke they have not donne, nor had any just
ca-wse thei^eof.

11. Having throune all this shame & dirte vpon our chiu-ches & goQ-
ment, they endevo' to sett it on, that it might sticke fast, so as all men maight
vndo-wbtedly be ps-waded of the reallity thereof, by pclaiming it in their con-
clucon y' our ounc bretheren in Engld have full indignacon ag°' vs for the
same, v.-'^ they labom-ed to confirme by -f efiect thereof, that for those evills
amongst vs, therefore our oune brethren doe fly from vs as from a pest.

12. Lastly, that it may yett more cleerely appeai-e that those evills &
obliquityes -w''' they chardge vpon our goument are not the meere jclousyes
of others, but their oune aprehencons, (or pretences rather,) they publickly
declared their disaffeccon thereto, in y*, being called by y' Courte to render
an accompt of theu- misap'ehenctSns & evill expressions in the premises, they
refused to answer, but by appealing from this goQment, they disclaymed the
jurisdiccon thereof before they knew w"'er ^ would given any sentence
agiit them or no.

Gent: Wee rec* yo' letter of INIay, 1646, concerning your afiaires in ji' Leader,
y* iron workes here, whereby wee pceave yo' discontent w"" y* last agreement ^^^^^ lett'eT
wee made w"" yo"' agent, M"' Leader, & vnde'' y* pvocacon (as yow seeme to
ap'hend it) wee find yo' stile more sharpe & your conclucons more peremp'ory
then rationall, (as wee conceave,) but wee conside' yow have binn hitherto
loose''s, & therefore may take leave to speake. For yo'' good affeccon to our

92 THE KECORDS OF THE COLONY OF

1646. coUony, wee doubt not but it was one priuclpall mocoii ^Y''^ drew yow to
this vudertaking, & wee desire euer to psent a gratefull memory thereof, as
manifested both by this & other *forraigne testimonyes; but forasmuch as
these y' are neerest y° obiect are best able to disceme y° forme & coulou"^
thereof, so yow may vouchsafe to heare our opinions of such conclucons as
yow have made to yo''selves, wherevpon yow have taken vp such hard con-
ceites of om- compliance w* yow : for y° p''cule'^ grievances yow insist vpon,
wee have declared our forwardnes to embrace & nourish your good will by
our ready yeilding a redressc of most of them, w"^"" Avee had donne before
if wee had supposed yow had reposed so much in them for yo'' advantage
as yow now seeme to doe ; y* like wee would have donne before by the rest,
if they had not much more pcured our welfare then yo' advantage. "Wee
acknouledge w"^ yow, y' such a staple comodity as iron is agreat meanes
to inrich y" place where it is, both by furnishing this place w"" y* coinodity
at reasonable rates, & by bringing in other necessary coinodityes in exchange
of iron exported; but as wee vse to say, if a man lives where an oxe is
worth but 12'*, yett it is neQ the cheaper to him who cannot gett 12^ to
buy one, so if your iron may not be had heere w'^'out ready mony, w*
advantage will y' be to vs, if wee have no mony to piuxhase it ? Itt is true,
some men have here Spanish mony sometimes, but litle comes to our smiths
hands, espeacially those of inland tounes ; & yourselves well know, y' so long
as our ingate exceeds our outgate, y^ ballance must needs be made by much
w'^n such a pporcbn as it is w**" vs, cann leave vs but litle mony once in y«
yeere ; w' monyes oui- smithes cann gett yow maybe sure to have it before any
other ; but if wee must want iron so often as oui- mony failes, yow may easily
judge if it were not better for vs to procure it from other places (by our corne
& pipestaves, &S) then to depend on y^ coming in of mony, w'^'' is neur so
plentifuU as to suply for y' occacon ; & for y" other benefitt w"='' vsually by
staple commodityes, itt is true if yourselves dwelt amongst vs, such advan-
tage would be very great ; but when y* pceed of w' shallbe exported neur
retournes to y* country, Avhcn shall wee expect our advantage ? Somw* in-
deed will fall by y° way, W^*" willbe expended vpon workemen & pvicions ;
but y' will hardly recompence y° wood & timber w"^*", being in y° harte of y«
tounes, would have binn of some worth to vs, if but to save y^ cai-riage of
fetching it so much farther, though our lands should not come into valluacon,
•y^rch ygtt; {g knounB to bc of good worth in those tounes where yo' p>sent
workes are ; for y° other pticulers wherein wee haue not graunted yo' mocSn,
[*94.] *viz., y« liberty for y° whole time to sett vp yo' workes, the reason of our
declaring it is, if those 6 workes should take vp all our fitt places, & when yo'

THE MASSACHUSETTS BAY IN NEW ENGLAND. 93

terme is expired, some of ours should have mcancs to erect any such worke, 1646.
■wee should loose y° bennefitt thereof, &(3 ; these consideracbns Avee referr to yo"^ ' '' '

. , . 11 /» 4 November

further thoughts, hoping y' yow will so concurr w'" vs therein as ail future
difference maj-be avoyded, w"^ wee are very viiwilling to entcrtaine w"' such of
our loving freinds (as wee accompt yow to be) & yo'selves in psecution of yo'
reall intenoons of our advantage, will please to find out so eequall a way
whereby our occacons may be comfortably suplycd, & yourselves encouradged
& inabled to pcecd on in yo' vndertakings by the blessing of y" Lord, vpon
w* our poore prayers are not wanting to. vSo wee remayne, &(5.

Massatusetts in N: Engid.

Whereas Samuell Gorton, John Greene, & Randal Houlden, by petlcoii M'Winslow,
& declaracou exhibited to y» right honnorable y-^ Earle of Warwicke, goQn' in &'.'tf jf^tw";
cheife & couiissioners for fforraigne plantacons, as members of y^ high Courte '° certain

charges brot:

of Pai-liamcnt, have chardged dlQse falce & scandalous matters ag"' vs, wherein against the
their honnors have binn pleased to give vs notice, & doe expect our answ"^ for S"'*^^"^^" •
cleeriiig y^ same, wee therefore, the Goilii'^ & Company of Massatusetts aforesaid,
assembled in our Gennerall Courte, being carefull to give all dew respect to
his lord'"'' & y^ honnorable comission''^, & having good assurance of the wis-
dome & faithfullnes of yow, our worthy & loving freind, M' Edward Wins-
lowe, doe heereby give power & comission to yow to appeare before his lord^P &
commission''s, & ^senting our most humble duty & service to their honnors,
for vs, & in our names, to exhibit our just remonstrance in way of answ' to
y' said falce & vnjust chardge of the said Gorton, &5, & by the same & other
writtings & instruccons deliuered vnto yow vnder the hand of M' Increase
Nowell, our secref, to informe their honnors of y° truth & reasons of all our
^ceedings w"" y« said Gorton, &S, & w"" y" disposicon & behaviour of y« said
Gorton, &6, so as our innocency & y* justice of our pceedings may appear to
their honnors satisfaccon, & if any other complaint in any kind have binn or
shallbe made ag°' vs before the said commission'"^ or the high Courte of Par-
liament, yow have heereby like power & comission to answ' on our behalf
acording to yo' instruccons ; & wee humbly crave of y'= high Courte of Parlia-
ment & of y° honnorable comission", that they will vouchsafe our said comis-
sion'' a free Uberty of seasonable accesse as occacon shall require, & a favorable
hearing w"* such creditt to such writings as he shall ^sent in our names, vnder
the hands of our said secref, as if wee had ^sented them in pson, vpon y'
faith & creditt w"='' wee would not willingly violate for all worldly advantage ;
& y' our said commissioner *may finde such speedy dispatch, & maybe vnder [*95.]
such safe pteccSn in his stay & retourne as the honnorable Courte vseth to

94 THE KECORDS OF THE COLONY OF

1646. afFoord to their humble subiects & servants in like cases. In testimony
' *■ ^ hereof, we have cawsecl o,ur comon seale to be herevnto affixed. Dated this ^

4 November.

D' Child & oth- The Courte, vpon consideracon of y^ pctic5ne''s to their chardge, doe finde

cee'dings there- j' ^^^^ ^^^ ^^^ depely blameable, both in respect to their remonstrance &
'"'• peticSn, excepting M' Mavericke, who is not blame worthy in y' matter of ap-

peale, & further finde some of the peticSn''' more guilty then othe''s, & there-
fore thinke it just y' as they finde y nature of their offences to be, so they
should receive their censures.

Docto' Childe, as being guilty not only of his offence in the
matter of appeale & remonstrance, but also in chardging
y^ Cou''te w'*" breaches of p''iviledges of Parliament, & con-
temptuous speeches & behaviou' towards them, is fined
ffiffty pounds 050* 00^ 00'»

M' Smith, as being guilty of y" same chardge w* y'' rest, & also
seuerall misdemeano" towards y^ Cou''te, being of another
jiu-isdiccou, & therefore had y' lesse cawse to complayne,
is fined fforty pounds 040' 00' 00*

M"' Foule, M'' Yale, ^M'^ Burton, & W Dande, ffor chardging y"
Cou''te in the pticulers acording to y'= chardge di-awne vp,
are fined thirty pounds apeece. 120' 00' 00*

M"" Mauericke, for chardging y'' Cou''te as he doth in y" remon-
strance, acording to y' chardge drawne vp ag°' y" pe-
tic6n''s, w"' some vnbeseeming miscarriadges w"' y* depu'%
tending to make divicon there, is fined 010* 00' 00*

Itt is ordered y' such of y" peticon's as shall make an ingenuous &
pubUcke acknowledgmen' of their niisdemeano"'s, it shall be accepted as satis-
faccSn for their offences, & their fines not taken.

This order was published to them when y" judgment of y^ Cou't was de-
clared ; but they all (excep' M"' Foule, then at sea) refused it. By both bowses.

The contradicentes of such membe" of y* Courte as agreed not w"" y*
judgment of y° Courte about y" peticSners were Richard Russell, Hen: Bar-
tholmew, Bozon Allen, Joshua Hubbard, & Edward Carleton.
Marshall fees Wlicrcas there appeares some defect in y= lawe made 2 : 9 in, 37, in y'

for small sums. -^ ■ t p ^ . in. ii

no pvicon is made lor dew recompence to y'' marshall in case where he
shall bee forced to travaile farr for y'^ le\-ying of a smale somme, itt is now
ordered y' in efly such case, where the ffees appointed for y* levying of any

THE MASSACHUSETTS BAY IN NEW ENGLAND. 95

execucbn, or fyne, or other summe for publicke vse will not answer the trav- 16 4 6.
aile, &d, m regai'd of y'^ distance of place, y" marshall or other office'' shall have "" "< "^
power in such case to demand 6'^ y° mile, & to levy the same vpon refusall, &S.

Itt is ordered, y' Lef Tory, John Whitman, & Tho: Dyer shall have Weymouth,
powe' to end smale conti'oQsycs vnder 20% for y' yeere, in Weimou"', & Lef ^""^
Tory is appointed clarke of y" writts there. By both howses.

*To y^ Right Honno^^'» Robt Earlc of Waruicke, GoQu'^ in cheifc, lord admi- [*96.]
rail, & other y^ lords & gcu', coiriission''s for forraigne plantacons. The
humble peticSn & remonstrance of y" GoQn"^ & Company of y'' INIathatu-
setts Bay, in New England, in America.

In way of ans"^ to y" peticSn & dcclaracon of Sam: Gorton, Randall Houlden,
& John Greene, &6.
Whereas, by virtue of his ma''' charter, graunted to yo'^ j)eticbn''s, in y"= Petition and

4"* yeere of his highnes raigne, wee were incorporated into a body politicq., Jo"g^ri \vll-

w"> diiise imunityes & priviledges, extending to y' pte of New England where ''''<^'' & '='""-

missioners.

wee now inhabite, wee doe acknouledge, as wee have alwayes donne, & as in
duty wee are bound, y' although wee are rcmooved out of our native country,
yett wee still have dependance vppon y' state, & owe allegiance & subiecoSn
therevnto, acording to our charter ; & acordingly wee have mourned & re-
joyced therew"', & have held freinds & enemyes in coinon w"" it in all y"
changes w''' have befillen it ; oiu- care & indevor also have binn to frame our
goQment & administracSns to y^ fundamentall rules thereof, so farr as y* dif-
ferent condicons of this place & people, & y" best light wee have from y" word
of God, -will allowe ; & whereas, by order from yo"" honno'^s. May 15, 1646,
wee find y' yo' honno''s have still this good opinion of vs as not to creditt
what hath binn informed ag"' vs, before wee be heard, wee render humble
thanks to yo"^ honno''s for y* same. Yett, forasmuch as our ans' to y' infor-
maobn of y' id Gorton, &S, is expected, & something also required of vs, w"^"^
in all humble submission wee conceave maybe ^iudiciall to y* libertyes
graunted vs by our charter, & to our well being in this remote pte of the
world, vnder y' comfort whereof, through y° blessing of y" Lord & his ma"
flivo"', & y° speciall care & bounty of y" high Courte of Parliament, wee. have
lived in peace & psperity these 17 yeercs. O"' humble peticon in y^ first place
is, y' our ^sent & future conformity to yo'' orders & direccons maybe accepted
w"' a salvo jure, y' when times maybe chaunged, (for all things here belowe
arc subiect to vanity,) & other princes or Parliaments may arise, y' gennera-
«ius succeeding may not have cawsc to lament, & say England sent our fa-
thers forth w"* hajipy libertyes, w'^'" they enjoyed many yeeres, notw"'btLinding

5 THE RECORDS OF THE COLONY OP

1646. all y<' enmity & opposicon of y'' placy & other potent adversaiyes ; how came
^ ' we, then, to loose them vnder y" favo"' & pteccou of y^ state, in such a season,
when England itself rccoucred its onne, in fi-eto viximus, in porta morrimur.
But wee confide in yo'' honno^ justice, wisdome, & goodnes, y* our posterity
shall have cawsc to rejoyce vnder y* fruite & shelter thereof, as ourselves &
many others doe, & therefore are bold to re]5>seut to yo' honno's our apg>hen-
c6ns wherevpon wee have thus ^sunied to peticon yow in this behalfe. Itt
[*97.] appeares to vs by y', *y' wee are conceaved to have transgressed our limitts by
sending souldiers to fetch in Gorton, &(3, out of Shawwamett, in y'= Narragan-
sett Bay. 2. Y' wee have either exceeded or abused our authority in banish-
ing of them out of our jurisdiccbn when they were in power. For the fii-st
wee hereby crave, for your better satisfacoon, that your honno's will be pleased
to pvse what wee have delivered to y° care of M"" Edward "VVinslow, our
agent or comissioner, whom wee have sent of pui-pose to attend yo'' honno's,
concerning our pceedings in y' affaire, & y° grounds thereof, w'''' arc truly
& faithfully reported, & y^ letters of y* said Gorton & his company, & other
letters conc''mng him, faithfully copped out, not verbatim only, but even
litteratim, acording to their oune bad English. Y" originalls wee have by vs,
& had sent them but for casualty of y" seas. Thereby it will appeare w* the
men are, & how vnworthy your favo' ; thereby also will appeare the wrongs
& {(vocations wee receaved from them, & our long patience towards them, till
they became our pfessed enemyes, wrought vs disturbance, & attempted our
ruine, in w* case our charter, as wee conceave, gives vs full power to deale
w* them as enemyes by force of amies, they being then in such place where
wee could have no right from them by civill justice, w'^'' y* coinission's for,
&d, finding, & y« necessity of calling them to an accomp', left the buisnes to
vs to doe ; for y° other pticuler in yo" honno's order, vizj, y'' banishment of
Gorton, &5, as wee are assured vpon good groimds y' our sentence vpon them '
was lesse then their deserving, so wee conceive wee had sufficient authority
by our charter to inflict the same, having full and absolute power & author-
ity to punish, pardon, rule, gouerne, &d, graunted vs therein. Now, by
occacon of y° said order, those of Gortons company beginn to lift vp their
heads, & to speake their pleasures of vs ; threatening y^ poore Indians, who, to
avoyd their tiranny, had submitted themselves & their lands vnder our
j)teccSn & goQment ; & diQse other sachems, following their example, have
donne the like ; & some of them brought by y" labors of one of our elders, M'
John Eliott, (who hath obtayned to preach to them in their oune language,)
to good forwardnes, in imbracing y" knowledge of God in X' Jesus ; all W^**
hopefull beginnings are like to be dashed, if Gorton, &d, shall bee counte-

THE MASSACHUSETTS BAY IN NEW ENGLAND. 97

nanced & vplield ag°' them & vs, w'''' also will indanger our peace here at 1 6 4 G.
home ; for some amongst ourselves, men of vnqulctt spiritts, aifecting rule & ' "*

innovacon, have taken bouldncs to jjferr scandalous & seditious petiooiis
for such libertyes as neither our charter, nor reason, nor religion will allo-nc ;
& being called before vs in open Courte to give accomp' of theii- miscarriage
therein, they have tlu-catned vs w''" yo'' honno's authority, & before they knc^v
■whether *wee would pcecde to any sentence ag"' them or not, have refused [*98.]
to answer, but appealed to yo'' honno''s. Y" coppy of their petition, & our
declaration therevpon, our coinission'' hath ready to pscnt to yow when your
leisure will pmitt to heare them. Their appeals wee have not admitted, being
assured y' they cannot stand w"» y" libei-ty & po\\or graunted vs by our
charter, nor willbe allowed by yo^ honno's, who well know it would be de-
structive to all goQmeut, both in y" honnor & also in y"^ power of it, if it
should be in y" liberty of delinquents to evade y" sentence of justice, & force
vs, by appeales, to fFollow them into England, ^^■herc the evidences & circum-
stances of facts cannot be so cleerely held forth as in their- ppcr place. Besids
the insupportable chardges wee must be at in y'= psecution thereof, these
consideracbns are not new to your honno's & y-' high Courte of Parliament,
the records whereof beare wittnes of y" wisdome & faithfullnes of our aun-
cestors in y' great councell, who in those times of darknes, when they ac-
knowledged a supremacy in y"^ Bp" of Roome iu all cawses eclesiasticall, yett
would not admit appeales to Roome'to remoove cawses out y" Courts in Eng-
land ; besids, although wee shall redily admitt y' y^ wisdome & experience
of that great councell, & oif yo' honno's as apte thereof, are farr more able
to f>scribe rules of goQment, & to judge of cawses, then such poore rustickes
as a wildernes cann breede vp, yett, considering y« vast distance betweene
England & these pts, (w'^'' vsually abate the vertue of y" strongest influences,)
your councells & judgments could neither be so well grounded, nor so season-
ably aplyed, as might either be so vsefull to vs, or so safe for yo''selves in yo"' ■
dischardge in y" great day of accomp', for any miscarriages av"='' might befall
vs while wee depended on yo"' councell & lielpe, w"^'' would not seasonably be
administred to vs ; whereas if any such should befall vs when wee have y"
goQment in our oune hands, y« state of England shall not ans'' for it. In
consideractin of y* praises, our humble peticon to yo"^ honno"'' in y*^ next place
is, y' yo"' honno''s willbe pleased to continew yo'^ favorable asjject vpon these
infant plantacous, y' wee may still rejoyce, & blesse our God, vnder yo"^
shadow, & be there still nourished, tanquam calore et rore coclesti ; & whiles
God ounes vs for a people of his, he will oune our poore prayers for yow &
yo"^ goodnes towards vs for an abundant recompence ; & this in especiall if

VOL. III. 13

98 THE RECORDS OF THE COLONY OF

1 G 4 0. yow shall please to passe by any fallings yow may have observed in our
' ' course to coufirmo our libcrtyes (graunted to vs by charter) *by remitting

4 November. . t n t ■ c o t

r*QQ 1 delinquents to our just pceedmgs, & discountenancmg ot our enemyes & dis-
turbers of our peace, or such as molest our people there vpon ptence of in-
justice.

Agauist blaspheming y"" name of God.

1. Blasphemy Albeit faith be not wrouglit by \^ sword, but by y" word, & therefore

to e pums e j panan Indians as have submitted themselves to our godment, though

with death. i ^ & > o

■wee Avould not neglect any dew helpcs to bring them on to grace, & to y®
meanes of it, yctt wee compell them not to y" X'ian faith, nor to y" pfession
of it, either by force of armes or by pcsnall lawes, neQthelesse, seing the
blaspheming of y° true God cannot be excused by any ignorance or infirmity
of humane nature, y'' a:^ta?rnall power & Godhead being knowne by y" light
of nature & y'^ creation of y'' world, & coiliou reason requireth euery state
& society of men to be more carefull of p'evcnting the dishonnor & contempt
of y" Most High God (in whom wee all cousistj then of any mortall princes
& magistrates, itt is therefore ordered & decreed by this Courte, for y*
honno' of y' actEPrnall God, whome only wee worfP & serve, that no pson w^'iii
this jurisdiccon, whether X'ian or pagan, shall wittingly & willingly p>sume
to blaspheme his holy name, cither by wilfull or obstinate denying y" true
God, or reproach y'^ holy religion of God, as if it Averc but a poUiticke
deulse to keepe ignorant men in awe, or deny liis creation or goQm"' of y°
world, or shall curse God, or shall vtter any other eminent kind of blas-
phemy of y* like nature and degree ; if any pson or psons w'toeuer, w"'ia
our jurisdiccon, sliall brc;ike this lawe, they shallbe putt to death. By
both.

Pamvawing, Itt is ordered tS; decreed by this Courte, y' no Indian shall at any time

pens y or. p^wwaw or pforme outward wori'i' to their f^ilce gods or to y*' devill vpon
any land or ground w'^'' is ppcr to y" English. If any of them transgrcssc
this lawe, they shall pay for eQy seuerall oflcnce tcun pounds. Tins lawe to
extend also to all such ofFendo''s as are out of our jurisdiccSn, but doe come
in hither, & to such as pcure them to come in, & to such an^'s of familyes
as shall assist or countenance such pawwawing by their ^sence or otheruisc,
y" pcurer five pounds, y° pawwawe' five pounds, & euef such assistant twenty
shillings. By both.
r*100.] *Though no humane powe'' be lord oucr y° futh & consciences of men,

& therefore may not constreine to beleive or pfesse ag°*' their conscience,
yett becawse such as bring in damnable heres-yes, tending to y= subvercou

THE MASSACIIU-t^ETTS BAY IN NEW ENGLAND. 99

of y° X'lan faith & destruccoii of y^ soulcs of men, ought dewly to be 1 G 4 G.
restreyned from such notorious impiety, itt is therefore ordered & decreed "^ '
by this Courte, y° if any X'ian w^'in this juiisdiccon shall goe about to
subvert & destroy y" X'ian faith & religion, by broaching or maintaining
any damnable hcrwsy, as denying y* immortallity of y" soule, or y" rcsur- Haer^syea

punishable by

reccbn of y* dead, or any sinn to be repented of in y" rcgennerate, or any fine,
evill donno by- y" out\\ard nwn to be accompted sinn, or denying that Clii'ist
gave himself a ransome for our sinnes, or y' wee are justifyed by his death i'c
righteousnes, but by y" pfeccbu of our oune workes, or denying y' morallity
of y" fowerth coinandment, or any other hertesy of such nature & degree,
euery such pson continewing obstinate therein, after dew meancs of con-
viction, shall pay to y* coiiion treasuiy, during the first six months, twenty
shillings .i month, & for y** next six mouth fforty shillings p month, & so to
continew during his obstinacy ; & if any such pson shall endcvor to seduce
others to y* like hertcsy or apostacy from y" faith & religion of our Lord
Jesus Christ, he shall forfeite to y"" coiiion tresury, for c9y seuerall offence
therein, five pounds. By botli.

Forasmuch as in those countrycs where y*" churches of X' are seated, v" Contemp' of
psperity of y" civill state is much advanced & blessed of God, when y" i.ybei'ng absent
ordinances of true religion & publicke worshipp of God doe finde free '''"'''•
passage in purity & peace, therefore, though wee doe not judge it meete to
compell any to enter into y'' fellowship of y*" church, nor force them to
ptake in y" ordinances peculiar to y" church, (w"^"^ doe require voluntary
subieceon therevnto,) yett, scing y' y'= word is of gennerall & comon behoofe
to all sorts of people, as being y" ordinary meancs to subdew y" harts of
hearers, not only to y" faith & obedience to y" Lord Jesus, but also to civill
obedience & allegiance vnto magistracye, & to just & honest conQsacon
towards all men, itt is therefore ordered & decreed, y' wheresoeur y' ministry
of y° word is established, acordiug to y" order of y" gospell, throughout
this jurisdiccon, eiiy pson shall dcwly resorte & attend therevnto respectively
vpou y" Lords dayes, & vpon such j'wblicke fast dayes & day-es of thanks-
giving as are to be gennerally held by the appointment of authority ; and
if any pson w">in this jurisdiccon shall, w"'out just & necessaiy cawse,
w"'drawe himself from hearing y" publicke ministry of y^ word, after dew
meanes of conviccbn vsed, he shall forfeite for his absence from euer such
publicke meeting five shillings. By both.

*Itt is ordered & decreed by this Courte, y' if any pson, w'her in [*10L]
church ffellowshipp or out of it, shall goe about to destroy or disturbe y"
order of the churches here estjiblished, by open renouncing their church

KJO

THE KKCUliDS UK THE COLONY OF

Order for y

civilizing y I:

[•102.]

estate or their ministry, or other ordinances dispensed in them, either vpon
jJtence y' y^ churches were not planted by any new apostles, or y* ordinances
are for carnall XHans or babes in X', & not for spii-ittuall & illuminate
psons, or vpon any other such like groundlcsse conccipt, efiy such pson who
shallbe found culpable herein, after dew meanes of conviccon, shall forfeite
to y^ publicke treasuiy fforty shillings for eQy month, so long as he cootinewes
in his obstinacy. By both.

Itt is ordered & decreed, y' if any psou w"'in this jurisdiccon shall
sweare rashly & vainely, either by y" lioly name of God or any other oath,
he shall forfeite to y" coinon treasury for eUy such seuerall oifence tenn
shillings ; and it shallbe in y" power of any maje" to call such pson before
him, by warrant to y*' constable, & vpon sufficyent pfFe to passe sentance,
& levy y" said iienalty acording to y^ vsuall order of jvistice ; and if such
pson be not able, or shall vtterly refuse to pay the aforesaid fine, he shallbe
coiiiitted to y' stockcSj there to continew not exceeding three howers, & not
lesse then one howre. By b'oth.

Considering y' one end in planting these pts was to ppagate y*" true re-
ligion vnto y" Indians, & y' diQse of them are become subiect to y^ English,
& have engaged themselves to be willing & ready to vnde^'stand y" lawes of
God, itt is therefore ordered & decreed y' those necessary & wholesome lawes
■w"^^ maybe made to reduce them to civilllty of life shallbe once in y" yeere
(if times be safe) made knouuc to them by such fitt psons as y'^ Courte shall
nominate, having y" helpe of some able Inter^ter w'^ them ; considering also
y' Inter^tacbn of tounges Is an appointment of God for ppagatlng y' truth,
& may therefore have a blessed successe in y" harts of others in dew season,
itt is therefore further ordered & decreed y' t^^■o ministers shallbe chosen by
y^ elde''s of y'' churclies cuy yeere at y" Courte of Eleccbns, & so be sent,
w"" y" consent of their churches, w"" whomsoeur will fi-eely offer themselves
to accompany them In y' service, to make knoune y" heavenly counsell of
God amongst y" Indians in most familllar manner, by y"^ help of some able
inte'p'ter, as may be most avallcable to bring them to y*' knowledge of y^ truth,
their conuercon to Jesus X', & for this end y' something maybe allowed
them by the Gcnnc''iJl Courte to gi^o a^av freely vnto those Indians Avhom
they shall pccave most willing & ready to be instructed by them. By both.

Forasmuch as y"^ open contempt of Gods ■\\ord & messenge'^s thereof y"
desolating slnn of civill states & churches, & y' y'' preaching of y'' word by
tliose whom God do"" send is y" cheife ordinary meanes ordeyned of God for
y' conuertlng, aidlfylng, & saving of y' soulcs of "y"" elect through y" JJsence
& powc' of y*^ Holy Ghost the''vnto pmised, & y'^ ministry of y' word is sett

THE MASSACHUSETTS 15AY IN NEW ENGLAND. 101

vp by God in his churches for those holy ends, & acording to y' respect & 1 G 4 G.
contempt of the same, & of those whom God hath sett aparte for his ovme ' ^

4 November.

worke & imployment, y" weale or woe of all X'ian states is much furthered
& pmoted, itt is therefore ordered and decreed, y' if any X'ian, so called,
w^^in this jurisdiccon, shall contemptuously behave himself towards the woid
p''eached or the messengers thereof called to dispence y^ same in any congre- Contempt in
gation, when he doth faithfully execute his service & office therin acording si,ip_ penalty
to y" will & word of God, either by interupting him in his preaching, or by °'^'
chardging him falcely w"> error w'''' he hath not taught in y" open face of y"
church, or, like a sonne of Corah, cast vpon his true doctrine or liimselfe any
reproach to y' dishonnor of y" Lord Jesus X', who hath sent him, & to y' Wnnton gos-
disparagement of y' his holy ordinance, & making Gods wayes contemptible
& ridiculovis, eQy such pson or psons, w'soeuer censure y" church may passe,
shall for the fii-st scandall be convented & repooved openly by y" magis' at
some lecture, & bound to their good behaviour ; & if a second time they breake
forth into y® like contemptuous carriages, either to pay five pounds to y*
publicke treasury or to stand two howe''s ojjcnly vpon a blocke of fowe' foote
high on a lecture day, w"i a paper fixed on his his breast with this : A Wan-
ton Gospeller, written in capitall letters, y' others may feare & be ashamed
of breaking out into the like wickednes. By both.

If any child above sixteene yecres old, & of sufficyent vnde''standlng, shall Smiting of par
curse or smite their naturall father or mother, they shallbe putt to death, vn- death,
lesse it cannbc sufficyently testifyed y' y* parents have binn very vnx'ianly
negligent in y*" edacacon of such children, or so pvoked them by extreame &
cruell correction y' they have binn forced thercvnto to p''c.se''vc themselves
from death or mayming. By both.

If a man have a stubbornc or rebellious sonne of sufficyent yceres of Rebellious

children, pun-

vnderstanding, viz., 16, w''' will not obey y' voyce of his father or y*" voyce ishment of.

of his mother, & y* when they have chastned him will not barken vnto

them, then shall his father & mother, being his naturall parents, lay hold on

him, & bring him to y" majestrates assembled in C'ourte, & testify to them

by sufficyent evidence y' this their sonne is stubbornc & rebellious, & will

not obey their voyce & chasticement, but lives in sundry notorious crimes,

such a sonne shall be putt to death. By both.

Iff any man shall wittingly burne or o"'erwise destroy any frame tim- Burning
ber, hewed heapes or stackes of woode, coales, come, hay, strawe, hempe, or '"'"''*<"*■*<'•
flax, he shall restore double damage to y" ouno^

Itt is ordered, y' if any pson of age of discretion pfessing, or having Denying y
pfesscd, X'ianity, shall deny y° Holy Scriptires to be y« word of God, or not ^"'V^"'"^-

102 THE RECORDS OF THE COLONY OF

1646. to be attended to by illuminated X'ians, & shall continew obstinate after dew
meanes of conviccon, lie shall be putt to death. By both.

*Whosoeur shall kindle any fires in y* ■woods before y* tenth day of y*
first month, or after y"' last day of y" 2 ' month, or on y'' last day of y' weeke,
or Lords day, shall pay all damages y' any pson shall loose thereby, & halfo
so much to y" coiiion treasury. By both.

Servants icsti- All servants & workemen inibezliug y'' goods of their masters, or such as

sett them on workc, shall make restituCon, & be as liable to all hnves & pocnal-
tyes in y' behalf as other men. By botli.

Gaming. Itt is ordered, y' if any pson shall at any time jjlay or game for any

mony or monycs wortli, eiiy such pson shall forfeite treble y° valew of y' so
jjlayed or gaimcd for to y" cofiion treasury, halfe to y^ pty enforming thereof.
By both.

Robbing or- Itt is ordered by this Courte, y' if any pson shall be taken or knoune to

rob any orchard or girdcu, y' shall hurts or steale any graftes, or fruite, or
fruitetrees, any linncn, Avoolleii, or any o*''er goods y' shallbe left out in or-
chards, gardens, backsides, or any o'''er place in howse or feilds, or shall
steale any wood from y"' waterside, fronr mens doores or yards, he shall for-
feite treble damages to y'' owner thereof; & if they be children or servants y'
shall trespasse herein, if their parents or m's will not pay y^ poenalty before ex-
pssed, they sliallbe openly whipte. By both.

Prudential 1 Lawes.
Idle persons to Euery touneshipp, or such as are deputed to order y" prudentiall affaires

thereof, shall have jiower to psent to y'^ Quarter Courte all idle & vnpffitable
psons, & all children who are not dilligently iniployed by their parents, W''
Courte shall have power to dispose of them for their oune welfare, «& impve-
ment of y' coiiion good. By both.
Tile earth for Tylc earth, to make saleware, shallbe digged before y^ 1"' of y" 9 in, &

• turned oucr in y'' last or 1''' month ensewing, a month before it be wrought;

& whosoeuer breakes this order shall forfeite to y^ vse of y'' coiuoii treasury
halfe so much tile as shallbe otheruise made. By both.
Inning of har- Becawse v" harvest of hay, corne, flaxe, & hempe comes vsually so neere

"^'' together that much losse cann be hardly avoyded, itt is ordered and decreed

Mechanicksto "^ _ .' .'

work in fields by tliis Courtc, y' y" constables of eQy tonne, vpon request made to them,
shall require artificers or handicrafts men to labor or worke by the day for
then' neighbors, needing them in mowing, reaping, and ining thereof; & y'
those whom they helpe shall dewly pay them for their worke ; & if any pson
so required shall refuse, or y'" constable neglect his office herein, they shall each

THE MASSACHUSETTS BAY IN NEW ENGLAND. 103

of them pay to y'^ vse of y" pooic of y" touiie double so much as such a
clayes woikc comes vuto, provided no artifficer, &d, shall be compelled to worke
for others whiles he is necessarily attending on like buisnes of his oune. B}-
both.

*Euery baker shall have a distinct marke for his bread, and keepe y° [*104.]
true assizes, as hereafter is ex^ssed, viz. : when wheate is ordinarcly sokl
at their seuerall rates, y* 1"* white loafe by averdepoyce shall weigh

1'^ 11|, 1^^. AVhcn wheate is sold at 3' p bush ; 5^' wheaten, ITs,. j ; y' Bakers brcid,

1 -L 1 1 r>r> _ regulation of.

howsehold, 2o 5.

When wheate is sold at 3* 6'', 10 5^ ; wheaten, 15 §j ; howsehold, 20 ^i.

When wheat is sold at 4", 9 §1 ; M'heaten, 141 ; howsehold, 18 §].

When wheate is sold at 4' 6', 8 §| ; wheaten, 11 gf ; howsehold, 16 i^.

When wheate is sold at 5% T §f ; wheaten, 11 SI ; howsehold, 15 S J.

When wheate is sold at 5^ 6'^, 7 g ; wheaten, 10 3} ; howsehold, 14 g.

When wheate is sold at 6% 63 ; wheaten, 10 i ; howsehold, 13 I.

Wlien wheate is sold at 6" 6', 6 g ; wheaten, 9 i ; howsehold, 12 ^.

Under the penalty of forfeiting all such bread as shall not be of y" seu- Clarkes of y
erall weights as is above menconcd, to the vse of the poore, W" Parkes &
W"" Stilson are appointed clarko of the markett, & authorized hereby to see
to y° execucbn & pformance of this order. By both.

Itt is ordered by this Courte, y' where wood is brought to any toune or
liowse by boate, it shallbe thus accomptcd & assizcd.

4tunnesshallbeaccomptedfor 3 loads ; 12 tonnes, 9 loads ; 20 tonnes, 15 loads. Sizing of wood.

6 tonnes " '■'

41 "

; 14

" 10} '

' ; 24 '

' ISx

8 tonnes " '•'

6 "

; 1(5 ■

" 12 '

' J 28 '

' 21

10 tonnes " "

~i ''

; 18

'••• 131 '

' ; 30 '

' 224-

&a. By both.

Judicijall Proceedings.

If any pson shall wittingly forge any deed of conveyance, testament, Fordging of
bond, bill, release, acquittance, letter of attorney, or any writing to pvert
justice & a-quity, he shall stand in the pillory three seuerall lecture dayes, &
render double damage to y" pty wronged, & disabled to give any evidence or
verdict to any Courte or magis'". By both.

If any man shall vnjustly, of meere malice, commence or^psecute any Coffion barret
action, sute, complaint, or indictment in his oune name, or in the name of oth- '"°"
ers, to y« vexacon of any pson, he shall pay treble damages to y« pty greived,
& be fined forty shillings to the coiiion treasury. By both.

Keepers of comon prisons shall receive all prisoners brought to them by

104

THE RECORDS OF THE COLONY OF

HUG.

Pocnalty for
not raising
hues & cryes.

Chardge of
malefactors.

■warrant from any magis'« w"'out taking any fFees of y" ptyes that bring tliera,
vnder the penalty of five pounds for euery offence. By botli.

*If any pson shallbe indicted of any capitall crime, who is not then in
durance, shall refuse to render his pson to some magist w'^iu one moneth
after three pclamations publickely made in the toune where he vsually abides,
there being a moneth betwixt proclaniacon & pclamacon, his lands & goods
shallbe seized on to y* vse of y' coiiion treasury till he makes his lawfull ap-
pearance, & such w^'di-awing of himself shall stand insteede of one -vvitnes to
pve his crime, vnlesse he cann make it appeare to y^ Courte y' he was necessa-
rily hindered from such appearance.

Iff any officer, or other, shall refuse to doe their best endevor in raising
& prosecuting hue & ciyes by foote, & if neede be by horse, after such as have
coiiiitted capitall crimes, they shall forfeite for eily offence to y" coiiion treas-
ury fforty shillings — such hues & cryes as be allowable by lawc.

Such malefactors as are coiiiitted to any coinon prison shallbe conveyed
thither at tlieir oune chardge if they be able, otheruise at y^ chardge of y*
country.

Where no heire or owner of bowses, lauds, tenements, goods, or chattells
cann be found, they shallbe seized to y" publicke treasury till such heires or
ownors shall make dew claime thereto, to whom they shallbe restored vpon
just & reasonable termes.

[Page *106 is blank.]

10 4 7,

Jilt a Gcniierall Comic of Eleccuii, held >/ 26"' of if 'i M".
1647.

John '\\'intlirop, Sefi, Escj^'", was chosen GoQn''.

_ omission'

Thomas Dudley, Esq"', was cliosen Dep' Goiiii'', 1 „ ,,

J° Endecott, Esq'', was chosen & Assistant, & J- ^ t- •, i r- n

,, . ^, ;, ' I v'= \ mted Lollonyes.

Majo"- Gcnnll. J ' ^

Assistants, Rich: Eellinghm, Esq"",
Ile'-bert Pelham, Esq--,
Rich: Saltonstall, Esq"",
John Winthrop, Jun, Gen',
Increase Nowell, Gen', Secretary,
Simon Bradstrect, Gen',
Thomas Flynt, Gen',
W"> Ilibbcns, Gen*,

THE MASSACHUSETTS BAY IN NEW ENGLAND. 105

Sam: Symonds, Geu',
; W™ Pinchon, Gen',

Cap' Rot)t Bridges, Gen'.

M' Tho: Dudley & jNI'^ Joli Endccot, Comissiou's.

Rich : Russell, Geu', was chosen Tl•easu''o^

The names of y« Dei^u'" sent to y" Genne'all Couite was

M'' Joseph Hill, Speaker.

[Thus fur by Mr. Eawson. Then to the end of page »110 in the handwriting of Mr. Torrcy.]

Left Lathrop, M' Dumer,

Jacob Barney, M'" Rawson,

Lient Norton, Tho: Dyer,

W Joseph Hills, M' Allen,

M" Glouer, M' Jos: Hubbard,

Lieut Clapp, . M"^ Griffin,

Major Gibbons, Henry Chickering,

M-^ -W" Tynge, Joh Kinsbury,

John Johnson, M'' W™ Hooke,

W-" Parkes, W" English,

M"^ Rich: Browne, M"^ Edw: Charlton,

M' Pendleton, M' Brigham,

M"' HoUioke, Steven Kinsley,

INI'' Sparhawke, ' Capt Pelham,

M'' Edw: Jackson, M"^ Brewiu.

M' Robt Payne,

M"^ W" Bartholomew,

Lieut Edw: Johnson,

M' W°^ Fiske,

M'^ Robt Clenients.

IT is ordered by the authoritie of this Court, that henceforth such as keepe
howses of entertaynm', clarks of the writts, & comisslon'"s for small
causes, shalbe *licensed at the County Courts where they line, or- at the Courts [* 108.1
of Assistants, to avoyd trouble to this Court.

At the request of the inhabitants of Exeter, Sergeant Thomas Pettett
hath power ^ ^ ^

It is ordered by this Court & authoritie thereof, that some one or more of
the magis'% as they shall agree, shall once euery quarter keep a Court at such
place or places where the Indians v^e to assemble to heare the word, who
shall here & determine all causes, both ciuill & criminall, not being capitall, Indians, court
concerning the Indians only ; & that the Indian sachems shall haue libtie to to be held.

VOL. in. 14

106

TlIK KECOIID.S UF THE COLONY OF

M' Elliot
granted £10.

Hull, fishery
encouraged.

Petition of D.
Winthrop.

[*109.]

Land grauntcd
Sir R.
Saltontonstall.

take Older as to siiiuoes or atatcLm'", to couveiit offenders, & to keep a
Court themsclues once a luonth, if they see cause, to determine small causes
of a ciuill nature, «& such small crimiuall cases as shalbe refcrd to them by
the sd magistrates ; & the 5d sachems shall appoynt ofEcers to serue warrents
& to execute the 5d orders & judgm'= of either of the sd Corr's, w"^"^ ofEcers
shallbe allowed from time to time by the sd magis'" in the sd Quarter Court
or by the Go>'n'" ; & that all fines imposed on any of the Indians at such
Courts shalbe bestowed on the building of some meeting bowse, or educatio
of their poorer children in learning, or other publicke vse, by the advice of
the sd magistrate and M"' Eliott, or sucli other as shalbe their ordinary in-
structers ; & it is desired that o"" sd magistrates will endevour to make In-
dians vnderstand o' most vsefuU lawes, & those principals of justice & equitie
Avherevppon they are grounded.

It is ordered, that 10'' be giuen M"' Eliott as a gratuitic from this Court
in respect of his paynes in instructing the Indians in the knowledge of God,
& that order be taken that the 20" p aiiu giuen by the Lady Ermin for y' pur-
pose may be called for «&: imployed accordingly.

There being now diuers ffreemen & men of good abillity in Hull who
may comfortably carry on the affayres of a towne, they are enabled by the
authoritie of this Court to order the prudentiall affayres of y' towne, according
to former orders of this Court & course of other plantations, pvided that, ac-
cording to former orders of Court they endevour the advaunceni' of fish-
ing, & that such fishermen as are there already & others w"^ shall come thither
may haue all such reasonable priviledges & encouragemen' as the jjlace will
afford, & that such places as are fitt for fishermen may be reserued for that
purpose ; & w"* this caution also, that that W™ Parkes, M' Glouer, & M'
Duncan, or any two of them, be appoynted to se the order of Court for ad-
vance of ffishing duely obserued.

IMichaell Smyth being vnder a fine for putting in of three beanes
for one magistrate, his fine is respited till farther order from this
Court.

Yppon the petition of M'' Adam & Deane Winthropp for the 1000 acres
of land graunted to Sir Richard *Saltingstall on Cochichowick, & by him to
his Sonne M"^ Eobt, & by them bought of him, this thowsand acres is granted
in a necke of land lying between the pond there & a small brooke runinge
into the sd pond, & bounding on the east, south, & west pt, or some of them,
& the farme lately granted to INl'' Dunster, president of the colledge, on the
northerly Jit ; & if there fall out to be more than a 1000 acors w'4n the sd
bounds, this Courte graunts the rest due to M'' Deane Winthrop as a pt of the

THE MASSACHUSETTS BAY IN NEW ENGLAND. 107

land due to liis liono'* father, pvided that it hinder not any former pingag-
mcuts, & that they demaund them ■w"'in six mo^'s after the 29* fsent, as
also that the quantitie desired hy him exceed not that W'' is due to o'' hon'''^
Goiin''; & Capt Pelham w* IM"" Pendleton are appoynted to see it layd
out at the owners charge.

Water Tybbot is appoynted to draw wiue at Gloc, paying 20*' p auum
rent; and M"' Steuens is appoynted to be a 3'' ma to end small causes
there.

"Whereas this Court hath long since pvided that all men should fen Cattle to be
there come, meddow, & such like agaynst great cattle, to the end the
increase of cattle, especially cowes & their offspring, should not be hindred,
there being then but few horses in the country, which since are ni^uch
increased, many whereof run in a sort M'ild, doing much daraag in corne
& other things, notwithstanding fences made vp according to the true intent
of the order in that case established, many whereof are vnlcnowne, most so
vnruly that they cannot be caught, whereby their owners might answer
damages, or, if they bo, yet are in danger of pishing before their owners
appeares, all w* to pivcut, it is ordered by this Court, that euery towne &
pecnlier in this jurisdiction shall giue soiTi distinct marke, letter, or other,
w"^ pitch or such like, to all their cattle which feed in open common without
constant keepers, which marke shalbe agreed & ordred by the Genii Court
from year to year, whereby it • may be knowne to what towne they doe
belonge ; & if any trespas, not so marked, they shall pay double damage ;
nor shall any pson, knowing, or after due notice giuen, of any beast of his
to be ynreasonable in respect of fences, suffer him or them to goe in comon,
or agajTist corne feilds or other impropriated or inclosed grounds, fenced as
afforesd, w^'out such sufficient shackells & fetters as may restrayn & ^vent
trespas from time to time ; & if any horse, horses, or any other beast trespass
in corne or other inclosure, being fenced in such sort as serues ag' cowes,
oxeii, & such like orderly cattle, the ptyes trespased shall pcure two sufficyent
inhabitants of that towne, psons of good repute, to view & judg the harmes,
which the owner of the beast shall satisfy, w" known, vppon reasonable
demaund, whether the beast were impounded or not ; but if the owner be
knowne, or neere residing, he shall forthw"^ haue notice of the trespas
charged vppon him, that if he approue not thereof, he may nominate * one [*110.]
man, with one such other chosen by the pty dammaged, who shall review
& adjudge the sd harmes, jivided they agree of damag w"'in one day after
due notice giuen, & that no after harmes intervene to hinder it, which being
forthw"^ discharged, to gether with the charg of the notice, former view, &

108

THE RECORDS OF THE COLONY OF

Secretary to
write M'
Dougherty to
appear on M"
Cole's aft'airs.

Order in mili-
tary matters.

determination of damage, the first jiulgm' slialbe voyd, or else to stand good
in law.

]\I' Samuell Dudley, 31' Batt, & Robt Pike ai-e appoynted to end small
causes at Salisbury, & W Samuel Dudley is appoynted to associat in the
Court at Ipswich.

To M'^ Francis Doughtic: You may vnderstand, IM"" Elizabeth Cole
having petitioned o"" Gen" Court, the Court hath thought meet to order as
foUoweth : Tho nothing was shewed in the six mo""", limitted by the Court
of Assistants, why the deed should not be cancelled, nor nothing since which
may cause vs to question the former verdict & judgm', yet, for the more full
satisfaction of the petition"", & that the justice of the Court in the triall
afforesd may appeare, it is now ordred, that a ire shall be written by the
secretary, & by a trusty messenger be forthw"' sent to the sd Fraunces
Doughty, expressing therein the effect of the sd petition, which is for her
evidence to be made good, which is cancelled, that thereby releife & supply
of mayntenance may redound to yo"^ petion''s account, & w"'all desireing him
to come or send to the Court an authentick coppie of that deed, or release,
or other instruments or evidences, which in Coui't he formerly pduced, &
wherevpon the verdict & judgm* pceeded with all convenient speed, withall
giuing him to vnderstand that if he shall fayle to satisfye the just & reason-
able desire of the Coiu't herein, the Court is resolued to pceede by all legall
wayes to doe what may most tend to the clearing of the justice of the Court,
«&: full satisfactio of the petition'' according to equitie.

Whereas the order of the O*"* mo"', 1636, seems to limitt the elections
of military officers in the se3all townes to such only as arc of the trajTied
bands, & so thereby all such ffrccmen as are cxemjit from ordinary trayning
shouldbe barf d from having any voates in such elections, it is hereby declared
& ordered, that efiy freeman shall haue his vote in such elections as if he
were of the trayned band, any tiring in that or any other law to the contrary
notw"'standing ; pvlded that eSy freeman shalbe bound to take notice of the
time of such election at open declaration thereof at any gen" meeting of such
trayned band.

Joh Baker is lycenced to draw wine at Ipswich, according to order.

The morgage of three pcells of land, by John Alcock to W"" Parkes, is
herby confirmed.

[nil.]

Widow Wilson

[Pases *m, *112, and *113 arc in the handm-iting of Mr. Rawson.]

*In ans"" to y" peticon of y" wyddow "Wilson, on y'' retourne of y" coinittee,
"M"" Colborne & John Johnson, the Courte found y' twenty tlu-ee pounds, dew

THE MASSACHUSETTS BAY IN NEW ENGLAND. 109

for expences hir husband was at for lajdiig out of cliardges in the jirison, &
to be allowed hir. By both.

For explanacon of y" order in y" liberty about 6 dayes warning to be
given to y'' deff" in cQy action, itt is hereby declared, y' y' day of y" suiiions
or attachm'* & y"= day of appearance shallbe taken inclusively as parte of y"
6 dayes. By both.

Itt is ordered, y' who cQ is or shallbe called to y" place of maj"' Maj' general,
gene'll shall be at his liberty to have those of his ounc lamlly trayncd vp ^"'■"'S<^°-
in niillitary discipline as himself shall judge most meete, w"'out being com-
pelled, or called vpon by any inferior officer, to send them to attend y®
ordinary traynings. By both.

In ans"^ to y" peticon of y"" tonne of Cambridg, ffor y° Courts acceptacon \v. French
& confirmacon of W"" French as left to y" milhtary company there, y" peticon ^'""'j '" '^'""'
was graunted, & y* pson approoved of & confirmed in y' place. By both.

Ealfe Blesdale, on his request, is licenst to drawe wyne at Salisbury, pay-
ing such rent annually as is appointed by order.

In ans'' to y^ peticon of y" tounc of Glocester, M"^ AV'" Stevens is appoint- ji, stevens to
ed to be added as one of y° three mend to end smal controiisyes, & Water ^""^ ^™*'^

•' causes m

Tybott is graunted licence to drawe wyne, paying y" annuall rent as y^ Courte Gloucester.
hath pscribed.

In ans' to y° peticon of y* tonne of AVeimouth, M'^ Tory is appointed, & -\vevmouth,
by tliis Courte authorized, to marry such as shall be legally published, and be ^' '^""fj *"'
fitt, acording to the order of Courte, in y" toune of Weimouth. By both. marry.

In ans"^ to j' petison of Isaacke Boswell, ffor y" dd of a stray heifer, at ^^^^^ Boswell,
Hampton, to him, who lost one, & none appearing to challeng such stray, peh^ion of.
the Courte graunts his request, so as he enter caution to ans'' all engagments to
the true ounor, if any other shall ajipcare to be so, & ans"" y" chardge of y"
beast at Hampton. By both.

In ans'' to y* peticon of Hugh Sherwood, he hath a licence to draw wyne jj Sherwood
by retaile at Haverill, paying tenn shillings p ann rent therefore to v* licenced to
counti-ye.

*This Courte, taking into consideracon the vscfull ptes & abillityes of r* 112.1
diuers inhabitants amongst vs, v,-"^ are not freemen, w"^'', if improoved to pub-
licke vse, the affayres of this country maybe easyer carryed an end in the
seuerall tounes of this jurisdiccou, doth hereby declare, that henceforth it
shall & maybe lawful! for y® freemen w^'in any of the said tounes to make
choyce of such inhabitants, though nonfreemen, who have taken, or shall take,
the oath of fidelity to this goQm', to be jury men, & to have their vote in the Liberty of non
choyce of the select men for toune affiiires, assessment of rates, & other pru-

110 THE RECORDS OF THE COLONY OF

1647. dentialls pper to y« select men of the setiall tounes, provided still, y* y«
"" "f ' major pte of all companyes & of select men be freemen, from time to time,
^^' that shall make any valid act, as also where no select men are to have their
vote in ordering of schooles, hoarding, laying out highwayes, & distributing
of lands, any lawe, vsage, or custome notw"^standing to j" contrary ; provided
also, y' no nonfreeman shall have his vote vntill he hath attayned y" age of
twenty fower yeeres ; provided also, y' none y' are or shallbe detected & con-
victed in any Courte of any evill carriage ag"' y^ goQment or churches, it being
intended to be imediately donn, shallbe capable to vote vntill y" Courte
•where he was convicted or sentenced hath restored him to his former liberty.
By both bowses.

Millers license. In ans"^ to y^ peticou of y* toune of Rowley, Thomas ^filler hath licence

graunted him to drawe wyne there, pay 15^ p anii to y" coiiion treasiu-y. By
both.

Anthony Stanien is chosen & appointed one of the tlu-ee men to end
smale cawses at Exetur.

Cap' Bri^hm. ^^^ •^^^s'' to y'' peticon of y* toune of Rowley, for y" Courts acceptacon &

confirmacon of Sebastian Brigham for theii- cap*, & John Rimingtou for their-
lef, their peticon was graunted, y° psons appved of & confirmed in those
places. By both.

Saltpeet's Itt is ordered, y' Edmond Gardiiier, y* officer for salt peeter at Ipsvich,

mans ee. gi^f^nbg allowed five pounds out of the treasui-y, in full satisfaccon for his

payncs. By both.
[*113.] *This Courte being deepely sencible of y° necessity of their vpholding,

& all they cann to encrease all fortifficacons against forraigne enemyes, as also
of y" great vnsufFerable pressures & extreame exigents of Cap' Davenport, his
garrison & family, (a thing no lesse greivous to 5-* Courte then burthensome to
him,) & therefore thinke it very just & meete y* the cap's peticon should be
graunted for the three pticulers therein conteyned, & therefore doe order &
enact, by y" authority of this Courte, that Leif Norton, Leif Johnson, & John

Castle repaiis. Johnson, or any two of them, be appointed, authorized, & hereby enabled to
examine the whole matter touching y" deffects of y" tounes, both in respect of
arreares in payment & compleating of workes by them vndertaken, as also to
levy all fines & penaltyes incurred by such neglect, & to imploy it towards
satisfaccon of arreares, or compleating the workes, & supply of aiiiunition &

Cap' Davports such things as are wanting, as to them seemes meete & convenient ; also here-

arreares. ^^ power is givcn to y° said Lef Norton, &(3, to levy all arreares aforesaid by

distresse of such inhabitants of y® said tounes from whome they are dew, or
otherwise, & for'''\v*'' to piy it to y" said Cap' Davcnp't : also lieveby power is

THE MASSACHUSETTS BAY IN NEW ENGLAND. HI

given to y* said Lef Norton, &S, to Imprcssc men in tlic seuerall tonnes to
suply a garrison there at the Castle Hand, acordiug to y" former agreement
there, to serve in their course & order, vnlcsse they or some of their tonnes
shall compound w"' the cap' for it. Lastly, hereby power is hereby given to
y" said Lef Norton, &(3, to requu-e & receive of y° Treasurer so much as will
fully ans"' y° cap' demaunds in his peticon, whose rccelte vnder their hands
sliallbe y"^ Treasm-ers dischardge for so much ; provided, that all arreares of
y' tonnes, & at least so much of j" fines be first levyed as to y^ said Lef Nor-
ton, &(5, seemes meete «& necessary to compleate the workes acording to their
agreement.

For better direction of officers vpon attachments & executions, itt is or- Offics securit;
dered by y" authority of this Courte, y' where any officer is to serve any
attachment or execution vpon any mans body, in any civill cause betweene
pty & pty, he shall not be forced to keepe him above twelve howers, nor con-
vey him to p'"ison, except y" pty who psecutes will lay doune the chardges &
fees, or take such order for the same whereby the officer maybe indemnifyed
in either of them ; & if y* psecutor recouer in his suite, or if it be vpon execu-
cbn, such chardges & fees shallbe alowed in costs as in other cases. By both.

Samuell Davies, of "VVimisemett, hath liberty graunted him to keepe a Duvies licenci
howse of comon entertainment, & to drawe 'wyne, he paying thirty shillings p
ann to y" coiiion tresury. By both.

[Pages *1U and *llo are in the hanawiiting of Mr. Torrey.]

*Vppon information that diuers high wayes are much anoyed & incumbred [*114.]
by gates & rayles erected vppon them, its ordered by the authoritie of this Highways no(

•' ^ . . *» be iucum-

Court, that vppon information made to the Coui-t of Assistants, or any County bered.
Court, of any such gates or rayles erected, the same men shall appoynt a co-
iiiittee of discreet men to view such incumbrance, & to order the reformat
thereof; & if the pties whom it shall concerne shall not submit to such or-
der, they shall require them to appeare to the next Court, where the cause
shalbe heard & determined for the ease of travillers, & due respect to the
pprietors cost & damages.

For as much as many times it so fills out that small thefts are comittcd, & Small crimin;
also other offences of a criminall nature, both by English & Indians, in townes managedr&
remote from any prison or other fit place to which such malefactors may be »"»•="•
comitted till the next Court, it is therefore ord, that any magistrate, vppon com-
playnt made to him, may here, & vppon due proff"e determine, any such small
offences according to the lawes here established, & giue warrent to the con-
stable of y' towne where the offender lines to leuy the same, pvided the dam-
mag or fine by him adjudged exceed not forty shillingcs ; pvided also, it sluilhe

112

TUE llECORDS OF THE COLONY OF

Jesuits to be
apprehended.

[*115.]

Courts distri-
bution.

Ferry at >'e
bury.

lawful! for either pty to appeale to the next Court to be held in the jurisdic-
tion, giving suificyent caution to psecute the same to effect at y^ sd Court ; &
euery magistrate shall make their returne yearly to the Court of y* j urisdiction
wherein he Hues of what cases he hath so ended, & also the constable of such
fines as they haue receiued ; & where the offender hath nothing to satisfy, such
magistrate may punish liim by stocks or whipping, as the cause shall deserue,
not exceeding ten stripes.

This Court, taking into consideration the great warrs & combustions
which are this day in Europe, & that the same ai'e obserued to be cheifly
raysed & fomented by the secrit practises of those of the Jesuiticall order, for
the prevention of like euills amongst o'^selues, its ordi'ed, by the authoritie of
this Court, that no Jesuit or eclcsiasticall pson ordayned by y* authoritie of
the pope shall henceforth come w^'in o' jiuisdiction ; & if any pson shall
giue any cause of suspision that he is one of such societie, he shalbc brought
before some of the magis", & if he cannot free liimselfe of such suspitio, he
shalbe coiuitted or boimd ovL to the next Court *of Assistants, to be tried &
proceeded with by banish"' or othenvise, as the Court shall see cause ; & if
any such pson so banished shalbe taken the 2'^ time w^'iu this jurisdiction, he
shall, vjipon lawfuU triall & conviction, be put to death ; pvided this law shall
not extend to any such Jesuit as shalbe cast vppon o'' shores by shippwrack or
other accydent, so as he contynew no longer then he may haue opptunitie of
passage for his departure, nor to any such as shall come in company w"' any
messenger sent hither vppon publick occasions, or any marchant or master of
any shipp belonging to any place not in enmitie w"» the state of England or
o'^selves, so as they depart agayne w*'' the same messenger, marchant, or m', &
behaue themselues inoffenciuely duringe their abode here.

Vppon ^sentm' of the will & inventory of Daniel Sheephcardson, it is or-
dred, that the land should goe according to the fathers will to the son, or rec-
ompence according to the value of 21'' 10' ; & because the mother hath bin
at great charge in educating the son 3 yeares, & is still to be, she should be
allowed the tooles, & bellowcs, & ai-mes, for that, & y' the daughters
shall haue, of what their father hath giuon them, only 9" each of them for
then- pt.

Ordred, that the marshall haue 12'' of the pound of all the Enes he shall
gather vp.

Tristrum Coffin is allowed to keep an ordinaiy at Newbery, & to retayle
wine, paying according to the order ; & also he is granted litttie to keepe a
ferry on Newbery side, oU Merimacke, when the intrest of Georg Carr
shalbe determined ; & y' Georg Carr shall haue libtie to keepe his boat goe-
ing on Salsbury side.

THE MASSACHUSETTS BAY IN NEW ENGLAND. 113

It is ordred, that there shalbe a sufficyent horsbridge made oil the riucr 1 (! -t 7.

neeie Watertowne Mill by the inhabitants of Watertowne, before the first of " "> '

the 9"^ mo"> next, vppon payne of the forfeiture of ten pound, & after that 10' ^ " ''^'
a day to the country till it be made vp as aforeSd. bridge to be

built.

The Court, in a gratcfull remembrance of the good service of o"^ hon''^ q^^., ^ ^^^^ ^^
Goauo"^ in y* place the last yeare, haue thought meete to allow him 100" as a ^^'^''•
testcmony of their thankfull acknoledgment of their louc for, & acceptance
of, his eudevours.

For explanation of the order in the liberties about 6 dayes warneing to
be giuen the defend', it is hereby declared, that the day of suinons or atatchm'
serued & the day of appearance shalbe taken inclusiiily as pt of y'' G dayes.

[The following is in the handwiting of Mr. Rawsoii.]

*The Courte having taken into serious consideracon the crimes chardged [*116.]
on Doc' Rob' Child, M' John Smith, M"^ Thomas Burton, M"" John Dand, &
M'^ Samuell Mauericke, & whereof they have bimi found guilty vpon full evi-
dence by the former judgment of this Courte, have agreed vpon y' sentence
here ensewing respectively decreed to each of them.

Doctor Child, tuo hundred pounds, & imprisonment vntill it

be payd or security given for it 200" 00" 00'^

M"^ John Smith, one hundred pounds, & imprisonment as

before. . ' 100 00 00

M' John Dand, tuo hundred pounds, & imprisonment as

before 200 00 00

M' Tho: Burton, one hundred pounds, & imprisonment as

before 100 00 00

M'^ Sam: Mauericke, ffor his offence in being pty to y" conspir-
acy, one hundred pounds, & imprisonment as before. . 100 00 00

M"' Sam: Mauericke, ffor his offence in breaking his oath, &
in appealing ag°'' y° intent of his oath of a freeman,

ffifty pounds, & imprisonment as before 050 00 00

Jacob Barnev contradicens to y" sentence of y" Courte.

[The following is in the handwriting of Jlr. Torrcy.]

It is ordred, that in all common feildes of mcddow & pasture wherein ^^nds owned

in common,

there are seiiall ^prietes fenced in by one common fence, made by the seQall regulation of.
proprietors in all those feilds, the proprietors of the greatest pt of the land in
such feilds shall hereby haue power to order & appoynt the improvement of
the whole feild, saue of such pprict's of land as shalbe sufficiently fenced in
by itselfe, which any such pprietor may lawfully doe.

VOL. III. 15

granted littie to lott it out.

Vppon complayiit made ol" great disorder that hath bin obserued, & is
lik to increase, by the vse of the game called shouelboard, it is therefore or-

114 THE RECORDS OF THE COLONY OF

1 (j 4 7. IVP Oliver is to be allowed for the cure of I'cssicus his son, & the same

"' ^ to be charged agayne on the sd Pessicus.

M' Oliver's son Waymoutli having a swamp, suposcd to be aboue 100 acors, they are

cured of fistula.
Weymouth
swamp.
Game of shuf-
fle board, pen-
alty to prevent, dred & enacted by the authoritie of this Court, that no pson shall henceforth

vse the sd game of shoffle board in any howsc of comon entertaynm', nor in
any other howse vsed as coiilon for that pnrpose, vppon payne for efiy keeper
of such howse 20' for eQy offence ; & for e8y pson playing at the sd game in
any such howsc, 5" for cQy offence ; & any magistrate may hoare & determine
any offence agaynst tliis law.

['Uii; fullowing is in tlie handwriting of Mr. Ran-.son.]

[*117.] *Scucrall members of y" House of Depu'^ somewhat differing from y'' sen-

tence of y"* C'ourtc, in degree only, desiring their contradicentes might stand on
record only as they differed, their desier was graunted, & are as ffolloweth : —

Rich Duiiier sentenced Doctor Child & M'^ Dand 100'' apeece ; M"^
Smith, INP Maucrickc, & M"' Burton, 40'' apeece.

Lef Lathrop sentenced Docf Child & M'' Dand 200' apeece, as y'
Courte did ; M'' Smith, M"' Mauericke, & 'M' Burton, 50'' apeece.

Brian Pendelton sentenced INI'' Dand 100" ; IM'' Mavericke, M'' Smith, &
M'' Burton, 40'' apeece. Doctor C'hikl he could not pceed to sentence besids
his imprisonment.

Cap'. W"' Pelham sentenced M'' Dand 100"; M^ Smith, M'' Burton, &
M'' Maverick, 50" apeece ; Doctor Child 40".

EoV Cleomens sentenced Doctor Child 50" ; 'SL' Dand 100" ; M"' Smith
20" ; M'' Burton 30" : & M-- Mauericke 100".

Rob' Payne sentenced M"^ Dand 100"; M"' Smith & M'' Burton 50"
apeece ; M'' ^lauericke 60". Doctor Child he could not pceed to sentence
besids his imprisonment.

EdAv: Carleton sentenced ]\P Dand 100"; M'' JIauericke 50"; M""
Burton & JM'' Smith 40" apeece. Doctor Child he could not pceed to
sentence besids his imprisonment.

[Tlic following is in the handwriting of Mr. Torroy.]

Horses, penal- Forasmuch as many complapits haue bin made of a very euill practise

of some disordered psons in the country, who doe vse to take of other mens
horses, sometimes vppo the commons & sometimes out of their owne grounds,
& ride them at their pleasure, without any leave or privaty of the owners, it
is therefore ordrcd by this Court, that whosoeil shall take of any other mans

ty for using
without leave.

THE MASSACHUSETTS BAY IN NEW ENGLAND. 115

horse or mare, or any draft beast, either out of his ownc inclosure or comous
or else where, except such be taken damage feasant, & disposed of according
to ■ law, without leue of the owner, & shall ride or vse the same, he shall
pay to the pty wronged treble damages ; or if the complaynant shall desire
it, then to pay only 10"; & such as haue not to make satisfectio to be
punished by whipping or imprisonm', as shalbe judged.

It is ordrcd by the autlioritie of this Court, tliat the coinission granted
to the major pt of tlie towno of Ncwbory, & the pcccdings therevppon, be
declared to be legall & warrantal)lo.

2. That if any errors were in the sd coinission, or any disccnt from the
same by any of the minor pt, yet they arc all concluded from takcing any
exception thereto, in regard of their acceptance of the rccompcncc ordrcd
for satisfaction.

3. That the petition'"' of tlie minor pt haue fayled in not sulnnitting
to their owne coucnant.

*4. That a ire l)c written from this Court to the two elders & those
brethren of the m.ajor pt, tliat, for peace sake, they would please, by turnes,
to supply the other pty.

[To this place in the handwriting of Mr. Torroy; pngcs *1I9— *130 by Mr. Ruwson.]

[*118.]

*Jtt anolher Session of if Cou'te of Eleccon, ber/unne the last 4"' [*119.]
Day (f If 8 M", 1647.

WHEN M'' Joscpli Hills was chosen Spenkor for this weeke. 27 October.

[Blank.]

At y"" request of W'" Joggles, Cap' W'" Hauthorne is appointed &
authorized to solemnize a marriage bctwecnc Tho: Joggles & Abigailc
Sharpc, of y'' same tounc, in y" absence of y" major gennerall, on y"
morrow, being y" 28 of y' 8 i?i, 1047.

Sarg"' Major DanicU Dcnnison pseuting himself to y' Courte w"' a
warrant, from y'^ toune of Ipswich, to servo as deputy in y"" roome of M"'
Eartholmc^r, but, on informacon y' all \" freemen had not notice of y*-'
meeting, y choyce was judged illegall, & he dismissed, & not accepted.

In ans' to y" pcticon of Kob' Elwell, W"' Broune, & W-n Dudbridge,
a review was graunted of an accon betweene them & JM"" Tutle, at v"^ next
Courte of Assistants, so as they give him fowertcene dayes notice thereof

[Blank.]

116

THE KKCOliUS OF THE OULUNY Oi'

Elections,

[n25.]

A valuation to
DC taken of all
real & per-
smial estate
Ihroiii^hovit the
jurisdiction.

*For y" ^sent order for Piimhom for his winter pvicSn of come, spoyled"
l)y those of M' Gortous society, itt is ordered y' a messenge'^ be forthw"^
^eiit by y" audito'' geiill to those pts to treat w"^ Benedict Arnold for pouring
100 bushels of corne from Pesicus at indifferent prize, to be allowed in y"
payment of y"^ rest of y'= wampam dew from him.

In ans"' to y" peticon of Jonathan Negoos on his marrying of Jane Lugg,
wyddow, relict of John Lugg, & educating y« children of y"^ said John Lugge,
y" inheritance of y' howse & laud of y" said John Lugge is confirmed on him,
& he power freely to dispose thereof graunted vnto him.

For y^ ^venting of many inconveniences y' otheruise nmj arise vppon
y" yeerely day of eleccon, & y' y^ worke of y' day may be more orderly,
easily, & speedily issued, itt is ordered by the authority of this Courte that
the freemen in y= seuerall tonnes & villages w"'iu this jurisdiccSn shall this next
yeere, & so from yeere to yeerc for euer, make all their eleccons by beanes
& papers, as hereafter is exprest, to be taken, sealed vp, & sent to y« Couite.

[Pages *121, *122, *123, and *12t are blank in the original.]

*For a more sequall & ready way of raysing meanes for defraying pub-
licke chardges in time to come, & for ^venting such, inconveniencyes as have
fallen out vpon former assessments. It is ordered & enacted by y"' authority
of this Courte, that the Treasurer for y" the time being shall, from yeere to
yeere, in y*-' fifth moneth, w"'out expecting any other order, send forth his
warrants to y" constables and select men of cQy toune w^'in this jurisdiccSn,
requiring the constables & select men to call together the inhabitants of the
.oune, who, being so assembled, shall chuse some one of their- fl-eemen to
be a coiiilssioner for the toune, Avho, together av**" the select men for their
prudential affaii'es, shall, from time to time, in y'^ 6 month then next ensewing,
make a list of all y® males in y" same towne from sixteene yeeres old & vp-
wards, and the true estimacbn of all psonall & reall estates in y' same toune,
acording to just valluation, and to what psons y" same doe belong, — whether
in their oune toune or otherwhere, — so nere as they cann by all lawfull
wayes & meanes y,'"^ they may vse, of viz., howses, lauds of all sorts, as
well vnbroken vp as other, except such as doth or shall lye coiiion for free
feed of cattell to y° vse of y" inhabitants in gennerall, whether belonging to
tounes or pticular psons, but not to be kept or bearded vpon it to y" damage
of y"= pp''ietors mills, shipps, marchandable goods, cranes, wharfes, & all
sorts, of catle, «&; all other visible estate at sea or on shore ; all w'"'' psons
and estates are by y"= said commissioner & select men to be assessed & rated
as hereafter followeth, viz., eQy pson aforesaid, except niagis*% 2^ G** p head,
& all estates, both reall & psonall, at one penny for euery twenty shillings.

THE MASSACHUSETTS BAY IN NEW ENGLAND. 117

acording to y® rates of catle hereafter mencSned; &, for a more certaine rule 1647.
in rating of catle, eQy cowe of 4 yeere old & vpwards shall be vallewed at '' "^

.27 Octoboi-.

five pounds ; eQy heifer & steere betwixt 3 & 4 yeeres old, 4", & betwecne 2

& 3 yeeres old, 50% & betweene one & two, at tliirty shillings ; eQy oxe 4

yeeres old & vpwards, sixe pounds ; eQy horse & mare of 4 yeere old &

vpwards, seuen pounds ; of 3 yeere old, five pounds ; betweene two & three

yeeres old, at three pounds ; of one yeere old, fforty shiii ; eQy sheepe above

a yeere old, thirty shiii ; eQy goate above one yeer, eight shiii ; eQy

swine above one yeere old, twenty shiii ; eQy asse, forty shillings ; and all

catle of all sorts vnder a yeere old ai-e hereby exempted ; & for all such psons

as, by y'' advantage of their artes and trades, &.&, are more enabled to helpe

beare y" publicke chardg then coinon laborers and workemen, as butchers,

bakers, brewers, victuallers, smithes, carpenters, taylors, shoomakers, joyners,

barbe"'s, millers, & masons, w*** all o"^er mannuall psons & artists, such are to

be rated for their retoiirnes and gaines pporconable to other men for estates ;

provided y', in y" rate by y" pole, such psons as are disabled by sicknes,

laniencs, or o"'er infirmity shallbe exempted ; & for such servants & children

as take no wages, *their parents & masters ai-e to pay for them, but such as [-126.1

take wages are to pay for themselves ; & itt is further, that the comissione''s

of y° seuerall tounes in eQy shier shall yeerely, vpon the first 4"* day of y"

seventh mouth, assemble at their shier toune, & bring w"" them, fairely written,

y" noumbc"^ of males listed as aforesaid, & y'' assessment of estates made in

their seuerall tovines, acording to y" rules & directions in this pisent order

expressed. And y* said comissione's, being so assembled, shall dcwly &

carefully examine all y'' said lists & assessments of y"" seuerall tounes in y'

shiere ; shall correct & pfect y" same, according to y= true intent of this order,

as they or y' major pte of them shall determine ; & y"^ same, so pfccted, they

shall speedily trunsmitt to y" Treasurer vnder their hands, or y" hands of y°

major pte of them, & therevpon y" Treasure' shall give warrants to y* coun-

stablcs to collect & levye the same, so as the whole assessment, both for psons

& estates, maybe paid vnto the Treasurer before the 20"^ day of y" 2 month

yeerely ; and eQy one shall pay theii- rate to y" counstable in the same tounc

where it shallbe assessed j nor shall any land or estate be rated in any other

toune but where y" same shall lye, if it be y^^'m this jurisdiccon ; & if j-*

Treasurer cannot dispose of it there, the counstable is to send it to such place

in Boston as the Treasurer shall appointe at y" chp-dge of y" country, to be

alowed y" counstable vpon his accoump' w*'' y° Treasure'^, & for all peculiars ;

viz., such places as are not yett laid w^'in the bounds of any toune, the same

land, w"* y" psons & estates therevpon, shallbe assessed by y" raters of y*" toune

118 THE KECORDS OF THE COLONY OP

next vnto it, -f measure or estimacbn to be by<' y« distance of y« meeting
howses ; and if any of y^ select men or of y" comissione''s shall fittingly
fixile or neglect to pforme the trust coiiiitted to them by this order, in not
making, correcting, or pfecting, or transmitting any of y" said lists or assess-
ments acording to y" intent of this order, eiiy such offender shallbe fj-ned
iforty shiii for eQy such offence, or so much as y'= country shallbe dannifyed
thereby, so as it exceed not forty shillings ; provided y' such offence be
complained of & psecuted in dew course of lawe w'Mn six moth. And itt is
ffurther ordered y' vpon all distresses to be taken for any of y'^ rates or assess-
ments aforesaid, y"" officer shall distreine goods or cattell if they may be had,
& if no goods, then lands or howses ; if neither goods nor lands cann be had
w'^'in y"" tounc A\her such distresse is to be taken, then, vpon such retourne
to y" Treasurer, he shall give warrant to y* counstable to attach y= body of
such psons, to be carryed to p''ison, there to be kept till y" next Courte of y'
shiere, excejJt payment be made in y" meanetime. And itt is further ordered,
yt ye pi-ises of all sorts of corne to be receaved vpon any rate by virtue of this
[*127.] *order shallbe such as this Courte shall sett from yeere to yeerc ; & in default
thereof they shallbe accepted at y" price currant, to be judged by y" comis-
sioners of Suffolke & Midlesex ; the assessment w''*' should have binn
made vpon estates y" sixt mon"* last, having binn omitted, shallbe forthw"'
called for by y" Treasurer ; to be assessed & gathered acording to this ^sent
order, save only for the time, w"* all possible expedition for dischardging y*

By both. ^ssing ingagmen's of y<' country ; y" former order for assessments made y' 9

month, 1646, is hereby repealed, saving y" clawse for exemption of magis"
for 500'", &(5, w* is hereby ordered to continew for 3 yecres next follow-
ing after y'' next Courte of Eleccoas. The prises of corne for y'' rate to be
now gathered arc ordered by this Courte to be, wheate, 4' G'' p bush ; barly,
4^* ; rye & j)casc, 3' G ' ; Indian come, 3* p bushel. Added to y^ order, y'
y° select men & coinission''s in each tounc are required & authorized to
make y° psent rate, & chardge the counstable av"> y" levying thereof by y*
twentyeth of this next 10 in, acording to, & vndcr y» penalty' of, this order.
By both.

II Shrimpton, ^^^ '^'^^^ ^° J" peticou of Henry Shrimpton, in y behalf of M'^ John

petition of. Bland, a Courte of Assistants vpon y'^ third of y'" 9 ifi was granted him, &
y* deft suinoned & required to appeare & ans'' make to y" complaint of y°
said Henry Shrimjiton, in y"^ bchalfc of the said John Bland, he bearing y*

Boston and chardge thereof

other toNvns to t. „ l . , . n ^ f - n ^. .

pay in their ^°^' > better encouragement iSc supply of ou agent & occacJSns m

i.sscssments in England, itt is ordered, v' Boston, Charles Tounc, Roxburv, Dorchester,

20 days. o ' . ' > j, ,

THE MASSACHUSETTS BAY IN NEW ENGLAND. HO

Cambridge, Water Tounc, & Dedham shallbe required to pay in to y"
Treasurer their seuerall pporcoiis of this next rate w"Hn t\\'cnty daycs, y' so
y" Treasurer, w"" IM"' Allen, by way of Barbadoes, may endevor thcrw"' to
make a retounie to our agent, ^I"' Winslow, the some of one hundred jjounds ;
& y' to such as wee know are able maybe spoken av"^ & writt vnto, to give
our agent credit for what he shall need in y" meane time, till y-' retourne
comes to his hands, w'''' may be assured shall not be long.

In ans'' to y° pctioin of X'ophcr Lawson, itt was grauntcd, v' Tlio ciuisi' Luwson
Beard should be required to answer him in his appeale at y" next Quarter ''
Courtc at Boston, y'= said X'ophcr La\\son giving in cawtion acording to
law to stand vnto & abide by y* judgm' of y" Courte.

Vpon y" dismissing of ilajor Edward Gibbons the service of the C'ourt E. Gibbons,
in respect to his voyage to A'irginia, the Depu'* gave a -vNarrant to y" "^jf"jV'°° *'
constables of Boston for y« suiiioning their freemen, & give them to vnder-
stand, that they have their liberty to chose another deputy in his roome,
if they will ; & was signed. By order, from y" Howse of Depu'^

EDWAED RAWSON, Sec".

Y" warrant being shewne to y' Magis'', they added their- consent, & so
on a mistake their sec'' signed a warrant to y" same purpose; but, on con-
ference about y" mistake, of their consent, it not being desired, their ans'
*was retourned in these words: This being the secretaryes waiTant for his [*li28.]
to y'= toune for choosing another deputy, it must remayne vjion record ; but
it being so passed by a mistake, y* Magis" thinke fitt to declare, y* it shall
not be as any ^sident to pludice y* liberty of y" Deputyes in y"" like case,
but y' they may supply their oune company acording to their liberty & y"
law established.

Signed, JO: WINTHEOP, Gofln'.

The oath of y" publicke notary.
Yo" sweare, &6, that in y° office of a publicke notary, to v,-'^ yow have Notary public's
binn chosen, yow shall demean yo'self dilligently & faithfully acording to "^
y° duty of yo' office, & in all instruments, writings, & acts y' yow are to give
testimony vnto, when yow shallbe requii-ed, yow shall pfonne the same truly
& sincerely, acording to y'= nature thereof, w'^out delay or covin ; & yow
shall enter & keepe a true register of all such things as belongs to yo' office.
So help yow God, &5.

Whereas this howse hath coiiiitted vnto them the affaires of y* country

120

THE RECORDS OF THE COLONY OF

[•129.]

W» Hatevill-i
petition, an-

Order on the
estate of AV"
Waldeme, de-
ceased.

[•130.]

ill their spheeres, to be transacted -w"' as much prudence as maybe, and
finding chardges to amount above expectacon, ffor further satisfaccon to
ourselves & expression of our tendernes of y estates of all -^^-hom it doth
or may concerne, itt is ordered, that henceforth from time to time y« first
day of sitting ^ ^

Sargeaut English & W" Fiske, on their requests, are dismissed fi-om y'^''
further attendance on y^ service of the Courte.

[Bl.auk.]

*In ans'' to y'^ peticbn of W" Ballew, Hateevill Nutter, Richard Parker,
John Maniug, Robt Knight, Hugh Gunnison, Edmond Grenlefe, Tho Burton,
X'opher Laivson, W" Furbur, W™ Bacon, & John Butler, who desire, in
pursuance of an order of y" last Courte, held at Doner, y' all y^ creditors
of W" Walderne, deceased, should attend this Gennerall Courte, for to make
demand of their debts, & proclamacon being both made at Boston & Douer to
y' purpose, wee desire wee maybe putt into some course how to come by the
estate of y'' Sd W™ Walderne, to be divided amongst vs pportionably,
acording to our debts.

Itt is ordered by y" authority of this Courte, that the estate of y° said
-yym Walderne be . deliuercd into the hands of Cap' Wiggin & Edward
Rawson, M'ho arc hereby authorized to call any before them that may give
evidence concerning his estate, & where it lyeth, to administer oath for y»
fall discoucry & deliucry thereof to tlicni, & to examine all the bills & debts
that shall any way by the peticttne'*' be claynicd as dew from y' said W"
Walderne; & what they shall find to be justly dew, to make an requall
distribution of the said estate of y" said W"" Walderne to y" seuerall creditors,
making retourne of what they shall doe herein, vnder their hands, to the
next Gennerall Courte ; provided, y" chardge of y" coiiiission'''' shallbe defrayed
& borne by y^ estate before y' divicon. By both.

*For the p^venting of many inconvenies that otheruise may arise vpon
y" yeerely day of eleccon, & y' y' worke of y' day maybe more orderly,
easily, & speedily issewed, itt is ordered by the authority of this Courte, that
the freemen in the seuerall toimes & villages w'Mn this jurisdiccon ^ ^

[Tho remainder of page *130, and pages 'lai, »132, «133, and *134 are blank.]

THE MASSACHUSETTS BAY IN NEW ENGLAND. 121

[The following is in the handm-iting of Mr. Torrey.]

*At a Genemll Court of Election, held at Boston, the 10th of May, 1 G 4 8.
1648, at w"* time there was chosen "" '^ '

10 May.

John Wiuthrope, Escp, Gouernor. [*135.]

Tho Dudley, Es^, Dep' Gouernor, Reserue Comission''.

Asistants, John Endecott, Es^, Major Gen : Comission'',
Rich Bellingha, Esq, Reserue Coiiiissioa'',
Herbert Pelham, EsqJ,
Rich Soltonstall, Es^, Reserue Coiiiission'",
Increase Nowell, Gent, Secretarie,
Symon Bradstreet, Gent, Coiiiissiono'',
Tho Flint, Gent,
Samuel Symonds, Gent,
W" Hibbins, Gent,
Joh Winthrope, Jun, Genl,
W™ Pinclion, GenI,
Capt Robt Bridges, Genl

Rich Russell, Treasurer.

The names of the Dept sent from the seuerall towues w"'in this jurisdic-
tio were as foUoweth : —

Salem : M"^ Emanuell Do\vTninge, Capt W" Hawthorne.

Charlstowne : Major Robt Sedgwicke, M"' Rich Russell.

Dorchester : Capt Hum Atherton, M'' Joh Glouer.

Boston : Cap? Keayne, James Penn.

Roxbury : Joh Johnson, W" Parkcs.

Watertowne : Rich Browne, Briant Pendleton.

Lin : jNI'' Hollioke, Thomas Layton.

Cambridge : Edward Jackson, Rich Jackson.

Ipswich : Major Denison, Robt Payne.

Newbery : Edward Rawson.

Waymouth : W'° Torrey.

Hingham: Nicholas Jacob, Tho Vnderwoode.

Concord : Rich Griffin.

Dedham : Michall Powell.

Salsbury : Lieutenant Pike.

Hampto : W" Estow.

Rowley : Thomas Mighill, Maximilian Jewet.

Sudbury : "Walter Haynes.

Brantree : Steuen Kinsley.

Glocester : Obadiah Brewen.

Woburne : Joh Write.

MOL. III. 16

122 THE RECORDS OF THE COLONY OF

Wenham : Esdras Reecle.
Hauerill : Eobt: Clement.
Reding : Rich Walker.
Doner : W" Furber.

Cap? W"" Hawthorne was chosen Speaker for this sessio.
L l''".] *T^OR the avoydinge of all vnnessessary charges by by the expences of the
saue charge. -^ deputies in theire comings to, continuance at, or returnes from, the Gen
Court, its ordred, that henceforth, from time to time, the first day of the ses-
sion of this howse after the Speaker is chosen, that there shalbe two of theire
members chosen for stewards for that session of Court, who shall order & reg-
Stewards to be ulate the dyet of the howse, & to take care that there be no further charges
the Genera" P*^*- °^ ^^^ Country account, but the just & nessessary expences of the members
Court or dep- ^j^jy^ except of such psons as shalbe invited by the Speaker or stewards, or at
least brought in by theire consents ; and further, it is ordred, that the stew-
ards shall take notise of the just & nessessary expences of the dep'^ in theire
comings to, or returnings from, the Gen Court, Avhich they shall only allow
vnder theire hands to be payd by the Treasurer, they themselues beinge first
satisfyed of such nessessaiy charges from the ordinary keeper vnder the hand
of the dep** ; and it is ordred, that the auditor geii shall signe no bills of
charges of the dep'% but such as shalbe first signed by the stewards of the
Court from time to time. This law was agreed to & voted by the dep'^ as a
standing law, & to be incerted in the records, & all other orders made in this
respect are hereby repealed.
Pvisionfor Whereas this Court is sufficiently informed that its nessessary that some

Powder speedy j>vision be forthw"" made for the renewinge of a stocke of powder for

the countryes store, it is therefore ordred, that fifty pounds of the first
money which comes into the countryes hands by way of rate or leuie, or else
by the impost of wines, shalbe deliuered into the hands of the Treasurer &
surueior gen, Joh Johnson, for the purchasinge of powder therewith by the
first oppertunitie which shall ^sent. By both.
Answ; to Teds The answer to the pe? of Joh Tedd was, that the Court did not thinke

^^ ' mecte to alter the ordinarie coui-se of satisfactio for adventors, but that the pe-

titioner should take his land, where it may be layd out for reasonable con-
veniency, accordinge to order of this Court. By both.
Answ: to New- In answer to the pet of the inhabitants of Newbery about the choyce

of a capt, it Avas ordred, that they should pceede to a new electio, & make
choyse of two men, & ^sent their names, of wliich the Court might allow
one, whom they should thinke fitt ; and Major Denison is hereby desired to
be psent at the election to se it orderly caryed on. By both.

THE MASSACHUSETTS BAY IN NEW ENGLAND. , 12S

In answer to the pet of Nathaniel Newgate, the fine of ten pounds, which 1648.
he was to pay for sellings of guns to the Indians, is abated to forty shil- "~ ^' '
lings, bcsids what he hath already pavd vnto the Indians & Francis Smvth. . , ^'

o ' jr. . Answ: to New-

By both. gats pet.

*In answer to the pe? of Capt Kich Dauenport, about areers dew to the [*137.]
garison, it was oi'drcd, that Major Sedgwicke, Cap? W™ Tinge, Capt Hum- Answ: to Cap«

Daunports pet.

phry Atherton, & Surveior Gen Johnson should be a comittee, & are hereby castie busi-

authorized & enabled to examine, determine, & dispose of all psons areers, "^^^■

fines, & things that are wantinge, as to any three of them seemes meete &

convenient ; & powre is hereby giuen to the committee, or any thr5e of them,

to leuie by distresse any areers or fines from such inhabitants of any of the

townes from whom they either are or shalbe due, or otherwise, & forthwith to

pay it to the sd Cap' Davenport ; and powre is hereby also giuen to the 5d

committee to impresse men for the supply of the garison at the Cistlc Hand

out of the seuerall engaged townes, & to doe whatsoever else by vertue of the

commissio to Lieutenant Norton, &5, might haue ben done, or shall seeme to

any thi-ee of them nessessary to be done, in or about the fmises which already

is not pvided for, till this Court take further order. Dat IS"" 3"^, 1648. 13 May.

By the Gennerall Court.
^ INCREASE NOWELL.

In answer to the request of the inhabitants of Andivour, Edward Faulk- Answ: to An-
nre is authorized by this Court to sell wine, theire payinge to the treasury for
what he drawes as others doe. By both.

In answer to the request of the towne of Salsbury, M'' Samuel Dudley, Ans: to Sals:
Christopher Batt, & Robt Pike ar authorized to end small causes there accord- ^"^ '
inge to order. By both.

Whereas, vppon a survay taken of all sorts of corne in all the seuerall Ord: about
townes in these pts, it appeares that there is not sufficient for the nessessary ''°™^'
sustentatio of the inhabitants for two moneths, & out of this there must be had
for the vse of straungers resorting vnto vs, & victuallinge of shi2:)ps, &c?, it is
therefore ordred, by the authoritie of this Court, that no wheat, rye, barley. Grain not to be
or Indian corne shalbe transported into any foraigne j)arts, vppon any ptence ""^""^
or coUour whatsoever, before the IS"" of the sixth moneth, called August, nor
shall any pson sell or put aboai-d any shipp or vessell any corne, to the end
the same should be transported to any forraigne pts, vppon payne of forfeit-
inge for every bushell of corne so transported, put aboard, or sould contrary
to the intent of this order, 20% the one halfe to the pub treasury, & the other
halfe to the informer ; provided, this order shall not extend to any corne or
grayne which within one moneth last past was, or hereafter shalbe, brought

124 THE RECORDS OF THE COLONY OF

into this jurisdictio by way of marchandize, nor to any corne now in the hands

of any pson or his assignes, which by former contract made here, in England,

or elswhere, bona fide is to be dd to any pson or vessels to be transported, but

that every such pson may transport all such corne, any such order to the

contrary notwithstandinge. This order to be published in Boston forthwith,

& in all the townes in this jurisdictio. By both.

r* 138.1 *This Court, with all thankfullnes, doth acknowledge the great good

Gourn"gratui- servisc of o'' honou''d Goueruor in his last yeares service in that place, &, in

the behalfe of the country, render him humble & harty thankes, & desire his

loving acceptanc of an hundred mai-kes, as a slender token of theire acceptaii

of his cai-e in that place, & to be payd out of the next leuie. By both.

Ans: to Do^to- Whercas M' Downings farme, lyinge in the way betweene Lin &

ings pet. Ipswich, is conceiued to be a convenient place for the releife of travillers,

at the request of the 5d IP Downinge, its therefore ordred, that his tennant

dwelling vppon the sd farme shall haue lifetie to keepe an ordinary there,

he beinge such a one as the towne of Salem shall api^rouc of for that

imploym'. Voted by both.

Payns actio. Vppon the issue of the cause depending betweene j\I'^ W" Payne &

Capt Champnoone, the charges allowed to M'' Payne by the Court, all things

considered, was fowre pounds eight shillings & six pence. By both.

Ans: to Ponds In answer to the petitions of Mary & W" Ponde, it Avas ordred, that

^^^' if the administratis be not alheady taken, that forthwith it shalbe, as also

\V" & Mary •'

Pond. an inventory jiduced to the next Quarter or County Court, that the state

may be setled, so as may be both for the comfort & peace both of widdow &

children. By both.

Ans: to Hall The pet of !M"* Rebecca Hall, for the confirmatio of the sale of certayne

'"^'' lands left her by her husband, is rcfcfd to be answered at the Court at

Hampton.

Ans; to Crad- In answer to the pet of M'^ Rebecka Cradocke & Thomas Androwes,

pet. ^^^ g_g^ g^ ^,,^ which the country is indcbtd to them, it was ordred, that

the petitioners should bringe legall pfe that the foreid sum is due to them

from y'^ country, before the pet be graunted, & their agent may sue y

Tresurer at y" next Court, & a speciall jury warned for y triall.

Ans: to King In answer to the pot of Eobt Knight & David Yale, marchants,

'"^ ■ concernin£;e the estate of JNI' Wonerton, of Strabery-banke, it was ordred,

Robert Kuiglit ° .

& Dav. Yale, that in regard the cause had ben formerly in this Court, & there (vppon
a fidl hereing of all pties) receiued a finall determination, & no new matter
or evidence alleadged by the pe?, or the rest concerned in it, that they
should rest satisfied with the former determination. Consented to by both.

THE MASSACHUSETTS BAY IN NEW ENGLAND. 125

In answer to the pet of W'" Garish, Richard Lowle, &<3, who desire 1 6 48.
the judgm' of tlie Court in a doubtful! expressio in the will of Joh Lowle, "^^ ^^~ '
of Newbery, concerninge ten pounds worth of clothes giuen to his daughter, j^^^^ ^^ oeiish
the Court conceiues the 10" in clothes, mentioned in the sd will, as giuen pet. to w. Ger-

rish&R.

to Elizabeth Lowle, (of hir mothers clothes, now liuinge,) is to be vnderstood Lowle respect-
of the clothes of her grandmother, Elizabeth Goodall, .& out of them she '"g*'"=^'"-
should be satisfied the 10" legacy; *and that Richard Lowle shalbe the [*139.]
guardian to the children, who shall take the childrens estates, & improue it,
giuinge his owne securitie into Ipswich Court next for the estate, & 8" p
cent pfit ; the rest of the petitioners, at theire reqviest, are discharged.

It is ordred, that the coppie of lawcs in the two roles, which Avere by Oid. about
order of Court sealed yp, with intent that, if hereafter any question
should arise about the coppie now at the presse, it might be examined by
this, wherby the faythfullnes of the committee might be tried, & that the
other coppie, now remayning with JNI"' Hill, should forthwith be sent for, for
the vse of the Court. By both.

For the explanatio «&: alteratio of an order renewed y" the last Geii Ord: explained..
Court, for exemptinge of o'' hono''d magists from coimtry & towne rates, as
in that order appeares, with respect to the time therein limited, that \a^v is
herby repealed ; and its ordred & enacted by the authoritie of this Court,
that all o"' hono"''' magists that now are or hereafter shalbe dureinge the time
of their so beinge shallbe exempted from all towne & country rates, (the
mayntenance of the ministry excepted,) for all theire estates, till the Court
take further order. Consented to by both.

It was ordi-ed, that W™ Arnold shall haue payment of 7" 2% which he Arnolds bill,
disbursed for 31^ of Indian come, for Pomhom, to be pd in wampom, or
such comodities as he desires, or may be pcured at such reasonable rates, so
as he may be no looser by them, out of the next country rate, by the
Treasurer; & the Court is thankfuU to him for his care & pajTies herein.

George Martins pet for the abatment of the 20^, which his wife was An?' to M.ar-
fined, is referd to the next Court at Hampton, to doe in it as they shall se '"^ ""^ '
cause.

Francis Smyth, of Reading, hath leav to draw wine for the reffreshing Smith, of
of travillers & others, he paying excise, as the law in that case hath pvided. ""' "^"

Coinission is giuen to M'' Symons to administer the oath of Assistant to M'Symondg

coniissio.

M' Saltingstall, & to returne it to the secritary.

In answer to the pet of Joh Dand, the Court conceiues it meete, on his A"s: to Dands
acknowledgra' herevnto anexed, (which if Gd had ben pleased to bow his spirits
formerly, & haue yeelded to or voUuutaryly made, as now he doth,) that he

126

THE RECORDS OF THE COLONY OP

Land granted.

[*i4q.]

Land granted
to Rev^ John
Wilson, of
Boston, & E.
Rawson, of
Newbury, 1500
acres.

Mines, 5tli to
the govern-
ment.

Ans: to Dill
pet.

should be ffrecd from his imprisonm', & his fine is readyly remitted him, to
manifest the Courts ready inclinatio to shew all due incouragm' to delinquents
to confes theire errors, & acknowlidge the justice of the Coui-ts pceedings,
rather then to put any vppon such temptations as should either dishonour Gd
or -wound theire owne consciences by hardening themselues in evill courses.

The Court hath agreed that 3000 acors of land shalbe graunted to M'
John Winthrop, Junior, of the Pequit land at Paquatucke, neere the Nara-
gansitt country, pvided that if he set not vp *a considerable salt worke (we
meane one hundred tuns p anum of salt) betweene the two capes of ilassacu-
sets Bay, within three yeares now next coming, then this graunt to be voyd j
pvided also, that" the sd land fall within the deuision of that part of the Pequot
country belonginge to this jurisdictio ; pvided also, that the three thowsand
acres be layd out in one place, & the former agreement with him in the coun-
tryes behalfe is hereby repealed.

In answer to the request of ISI' Joh Wilson, pastor of the church of
Boston, & M"' Edward Rawson, of Newbury, to whom this Court formerly
graunted 1500 acres of land in the Pequt country, the Court thinkes it meete
to haue the sd land layd out next adioyniuge to the 3000 acres graunted to M'
Joh Winthrop, at Paquatucke, neere the Narragansit country together. But in
case that M"' Joh Winthropp pforme not the conditio with resj)ect to the time
limitted, that then the 1500 acres of the id M"' Joh Wilson & M"^ Edward
Rawson shalbe of the 3000 acres graunted to the id M' Winthi-opp.

'\''ppon the request of M' Samuel Symons, he also is graunted to haue
500 acres of land in the Pequot country, next adioyninge to M"' Wilson & M''
Rawson, pvided it be of such land as falls to o' j)portion.

This Court beinge desireows that the same course which hath beu taken in
England for the discouery of witches, by watchinge, may also be taken here
with the witch now in question, & therefore doe order that a strict watch be
set about her every night, & that her husband be confined to a priuat roome,
& watched also.

For the due encouragment of any inhabitant within this jurisdictio that
shall haue or finde any kinde of mines whatsoever in any of theire owne ppri-
eties, this Court thinkes meet to declare, that the whole benefit of all such
mines whatsoever are due & shall belongc to such pprietors of land wherein
such mines shalbe found, to them & theire heires for ever, payinge only the
fift pt of gold & siluer, accordinge to o' pattont.

George Dill, vppon his owne & his wiues pet, his forfeiture of 100'' is
abated to 8'', so he pay it in ready money to the surveior general], or two bar-
rels of powder.

THE MASSACHUSETTS BAY IN NEW ENGLAND. 127

M' Samuel Dudlej^ Cap' Wigan, & Rob' Clements shall keep Courts in 1648.
the county of Norfolke, accordinge to order of Court, & M' Dudly hath ^ ^ ~'
hereby comission giuen vnto him to giue oath to the tluee commissioners for „ _. . "
small causes in the seuerall townes in the 5d county.

It is ordred, that the same magistrats that keepe Court at Douor shalbe Courts.
desired to keepe Court at Salsbury & Hampton this yeare ensulnge.

M' Carlton, Fraunccs Parrot, & Mathew Boyse, being lawfully chosen Comissions.
by the ffreemen of Rowley to end small causes, according to law, are hereby
confiimed therein.

Phineas Fiske, of Wemaam, hath lifetie giuen to sell wine for this year Fiske.
ensuinge.

*Vppon the request of the Earle of Warwicke, the Court allowes Sam- [*141.]
uell Gorton, now a shippboard, one full weeke after the date hereof for the ^'''*''' *° ^°'"

ton.
transportatio of himselfe & his goods, through o'' jmisdictio, to the place of his

dwelling, he demeaning himselfe inoffenciuely, accordinge to the contents of "

the Sd earles ire, & that the marshall, or some other, shall shew him a coppie

of this order, or fix it to the maine mast of the shippe in which he is.

Whereas Elizabeth Pinion, of Lin, b^ng formerly charged with adultry Pinio aquited,
by two seuerall bills of indictement, the Court, vppon examina? of wittnesses,
finding her not legally guilty thereof, acquits her of capitall punishment, but
order, that she shall, for her swereinge & adulterous behavio'', be seuearly
whipt twise, first at Boston, & then agayne at Lin, within one mo"^
after.

Whereas Hugh Gunison, of Boston, was lately sued at a Quarter Couit Gunisonsued.
for two' butts of wine, which he had in his hands of Robt Knights, merchant,
which was due to the country for custome of wines, & was cast in the actio,
& pd ll*" more then the sd Rott Knight will allow him, its therefore ordred
by the authoritie of this Court, that the id Hugh Gunison shall haue the
foresd 11" payd agayne by the auditor viipon ace", together with such charges
as he was adiudged to pay by the Quai-ter Court, & the auditor shall haue
lit)tie to take a due course in law for the recouery of the same of the aforesd
Rob' Knight.

Its ordred by this Court & the authoritie thereof, that the sergent msyors Ord: about
of every regiment shall forthwith Ust all such psons for troops to be vnder ^°°^^°
theire coinaund as shall willingly giue in theire names to serue on horsbacke,
who shall be bound to fine or six dayes of exercise every yeare, at such times
& places as the major or leiutenant of the troopp shall appoynt, vnder the
penalty of 5' for every default, to be distrayned by the clar-ke of the trooppe,
who shalbe sworne to leuie all forfeits for non appearance & defect of armes,

128 THE IIECOIIDS OF THE COLONY OF

as the claike of the foot companies are ; & all troops shall be famished with
horse, bridle, & sadle sufficient, with sword, belt, & case of pistolls, with
holsters, or a carbine in a belt, at the appoyntm' of the majo', & to be allowed
by him with one pound of powder & 20 buUetts, or otherwise to the forfeit
of 10^ for every deffect, vnles the majo' se cause to mitigate or respite the
fine ; & it is also ordered, that all other defects & delinquencyes of the troop-
pers in the time of theire exercise, & while they are vnder coiiiaund, shalbe
punishable by the two cheife officers of the trooppe, & to be distrayned by the
clarks as they are in the foote companies ; & no troop once listed shall haue
libtie to withdraw himselfe from the service without allowance from the
majo', but shalbe alwayes ready to attend all service that he shalbe coiSaunded
by authoritie ; & for the encouragm' of this service, this Court doth hereby
[*l-l:2.] gi'aunt to every troop that is or *shalbe ffurnished as is exprest in this order:
First. Exempt from all traynings in all foote companies & cunstables watches ;
2'^. Freedome from rates for his pson & horse ; o'-'. Free comonage for his horse
in any of the towne comons where he inhabits, & in any coinons where they
are exercised during the time of theu-e exercise ; 4'^. Fine shillings p anum,
to be payd him by the Treasurer ; 5'''. Libtie to chose a leiutenant & other
iirferio' officers j 6'y. His horse shall not be prest to any other service ; 7'^.
Free ferrage to & from theire places of exercise, which shalbe pt of the rent
of those fferries which pay rent to the country ; but such as pay no rent to
the country shalbe allowed theire id ferrag out of the treasury. This order to
continue for the space of 3 years only, vnles the Court shall further con-
firnie it.
Dorchester fer- Vj)pon certayne informatio giuen to this Court, that there is no ferrie

keept ouer Neponsit Riuer betweene Dorchester & Brauntry, whereby all
that are to passe that way are enforced to head the riuer, to the great piudice
of those townes thereabouts, & that there yet appeares no ma that will keepe
it vnles he may be accoiSodated with hous, land, & a boat, at the charge of
the country, its therefore ordred by the authoritie of this Court, that M' Joh
Glour shall & hereby hath full powre giuen him, either to graunt it to any
pson or psons for the terme of 7 yeares, so it be not chargable to the country,
or else to take it to himselfe & his heires as his owne inheritanc for ever,
pvided that it be kept in such a place & at such a price as may be most con-
venient for the country & pleasinge to the Genfilall Court.
60" to M' Wins- Its ordred by this Court, that the Treasurer, Capt Keayne, & James

'*""■ Penne shall take order to returne 50'' to M' Winslow at London, & to haue

powre to engage the country for the same, & for such intrest as they shall
agree vppon, & the same to be satisfied out of the next rate, in such townes

THE MASSACHUSETTri BAY IN NEW ENGLAND. 129

& in such paym', brought in by the 5d rate, as themsekies shall make choyse 1 (5 48.
of ; Sc this is ouer & aboue the 50" assigned him by the Treasurer allready. ^ ^

Its ordred by this Court, that the audito"" gen: & Cap? Tinge shall take i-reasurers ac
the Treasurers ace" once every yeare, & ^sent the same to this Court, the compt.
first session of the Court, yearly, & that they shall take the accounts of the
fsent Treasurer for the time past, befor the next session of this ^sent Court,
that so it may appeare from time to time what is in the treasury or what we
are indebted.

Its also ordred, that the coiiiissiono's for the rates in every shire shall Comission" for
within one mo"" after thelre meetinge *send in to the audito"^ generall a trew r#, .t, -i
transcript of the rates in the seuerall townes within such shire, who shall
deliuer them ouer to the Treasurer to be collected as by the former order for
that end established.

The Goueruo'', Uep' GoQuo'', M' Bellingham, M"^ llibbons, M'' Symons, Comiuec on
Cap? Hawthorne, Cap? Keayne, Cap? Atherton, the surueio"' generall, & IM'^ fedeiaUou
Edward Jackson are appoyuted a coinittee to joyne to pvse the articles of
confederacy of the Vnited Collonies, as also the acts which haue past the
coinissiono''s already, which may secme to confound the powre of o'' Generall
Court, or so interfere with it as may in a short time proue, not only ffiu-
diciall, but exceedinge vncomfortable. And, in the examinatio thereof, what
they shall finde of that nature, to take notice of it, & to drawe vp what reme-
dies they can thinke of, Avith such arguments as may be ^valent with all
whom it may concernc, to be as ready as o'"selues to certifie what is or may
be found amisse, that o"" posteritie may haue no cause to blame vs for
vnitinge o'selues in such a way as is feai-ed doth not now, nor is like to, an-
swer y* ends of the collonies hereafter, & what the majo'' pt of this coiiiittee
shall determine of (according to this order) to psent by our commissiono''s
to the rest of the coiiiissiono''s of the Vnited Collonies, that so this Court may
rec a satisfactory answer from them accordingly at the next session of this
Generall Court after the meettinge of the coinissioners ; & further, this Court
refers M' Batons ire to theire consideratio, c& giues them powre to re? an-
swer therevnto ; & the day of their meetinge shalbe the first fowrth day of
the fowrth moneth next.

Forasmuch as it appcares vnto this Court, vppou the petitio of M"" Joh Ans: to Tom-
Thomson, Sonne & heire of David Thomson, deceased, that the id David ™ ' , .

' ' Thompson s is-

Thomson, in & about the yeare 1626, did take actual possessi5 of an iland l^nd claimed.
in the ]\Iassachusetts Bay, called Thomsons Iland, & being then vacu do-
miciliii, & before the pattent graunted to vs of the Massachusets Bay, & did
erect the forme of a habitat, &, dyinge sooue after, left the petitioiil an infant,

VOL. III. 17

130 THE REOORD.S UF THE COLONY OF

who, so sooue as he cuiue to age, did make his claime formerly, & now agayne
by liis pet, this Court, consideriuge the pmises, & not willinge to dc^jriue
any of their LiwfuU right & possessio, or to pniitte any l^iudice to come to
the pet in the time of his nonage, doc hereby graunt the sd Hand, called
Thomsons Hand, to the Sd Joh Tomson & his heu-es for ever, to belonge to
this jiu-isdictio, & to be vndcr tlie gouerm' & lawes thereof.
Sudbury. At the rcquc^t of the inhabitants of the towne of Sudbury, Edmund

Eice, Edmund Goodcnow, <.^ W'" Browne are appoynted cofuissiono''s to end
small caixses there accordinge to law.
Noyse to M"' Petter Noyse also is appoynted by the authoritie of this Court to

joyne such psons in marriage as haue bin published according to order at
Sudbury afforesd.
[*144.] *Tn answer to the pet of the towne of Salsbury, the Court conceiues it meet

Ans: to Salsb: ^\y^^l {Ik; little ilaud in Merimacke be reserued for the countryes vse, & the
greater Hand is hereby giuen to the towne of Salsbury, reseruinge a suf-
ficient high way for men & cattle, & the towne shall haue lit)tie to keepe a
ferrie on theire side.

Its ordred, that the audito'' gen: & M'' Joseph Hill shall exiunine the
la\\es now at the presse, & to see if any materiall law be not put in or men-
tioned in the table as beinge of force, & to make suply of them.
Capt. Kcayne Its ordred, that Capt Keayne shall have the 30'' which he layd out to

M'' Feuwicke (^\-liich, vppon examinatiu, ^^•e finde to be due vnto him) out of
the next country rate.

Ordred, that in' the booke of lawcs, tittle Appeales, in the last line saue
on, (just) to be entred next before chargs, & the auditor gen: to see it entred
in every booke.

The resolutions of the Court concerning some oppositions made to the
Generall Courts of all the Ynited CoUonies : 1 Pposit, pag 17. Forasmuch as
a meetinge is intended with the Dutch, in the 4"" moneth next, for the end-
inge of diifrences & setling trade, its thought expedient to deferre any de-
terminatio about this ^position vntill the result of that meettinge shall ap-
peare, & then Court shall know better how to pceede.

Ppositio 2, pag 17. In case where, for want of agreement of six
comissionors, the matter shall be refcfd to the 4 Generall Courts, it is the
mind of this Generall Court, concuringe with the desire of the coinissiouors,
that the agreement of any three of the Generall Courts shall determine the
question. This Court will consider fiu'ther of this.

Ppositio 3', pag 24. This consistinge of many braunches, & the Coiut
not hauinge time to consider theire owne lawes & practise in this case, haue
deferd it to a committee to examine, & to ccrtifie the next Court.

pet,

amine the law

to have £30.

THE iMASSACIIUSETTS BAY IN NEW ENGLAND. 131

PpositiS 4, pag 24. It appeares in the bookc of the acts of the coinis-
siono's, that M' Fcnwicke should joyiic ^^•ith \-.s in rmiingc that south line,
to devide the question about "Worronoco ; but M" Fcnwicke fiiyld to send
any to joyne with vs, wherevppon we did it at o'' owne charge, & Woronoco
was therevppon ordred by the comissiono''s to belonge to the Massachusets ;
but we shalbe ready to joyne with o"' brethren of Conecticote in a new
survay, so as they wilbe at the ■\\holo chardgc in this, as we wore in the
other, & withall pduce theire pattcut as we hauo done.

Ppositio 5, page 2.5. This Court consents to this pposition, for allowinge
two Indians, each of them, as, &d, ^ vppon confidence of M'' Elliots good
assurance of the faythfullfis of those Uvo Indians, so as the order be drawne
vp as an act of this Court. And this Court hath chosen the Gouernor, Capt
Keayue, Oapt Atherton, & IMajo"" Dcnison to be a committee, they or any
three of them to pforme this, the GoQuor being one.

*In answer to the pet of Lawrence Southwicke, it is ordred, that the [*145]
petitioner shall pay the 35' charges mentioned in the sd pet, & Scot, that is ^^^- '° South-
his servant, shall serue so much time w"' his 5d master, when his time shall
be expired, as shall be well worth 35", or satisfie the sd Southwicke otherwise.
By both.

In ans'' to the petition of Capt Rob' Kcaync, lUchard Broune & Richard 20 October.
Parker, Octob 20, 1648, (w''' was) verbatim, shcweth, —

That whereas this honnoi-ed Courte, about Decemb, 1646, did graunt
vnto your petitioners, and some others, libcrtlc to view and lay out diucrse
pcells of lands, dew vnto them, bctMCcnc the bounds of Dedham and Water
Toune, if it were there to be had ; and whereas, by order of Courte, the
said grantees were to mccte at tlie house of Richard Faircbanks, Decemb
25, 1646, there to putt in their seuerall pporcons of land they were to have,
& then to cast lotts who should be first, & next laid out in order, W'' yo"
petitioners did accordingly, and the first lott, for a thousand seventy nine
ac's, fell to Capt Rob' Keayne ; the second, for two liundrcd thirty six ac"'s,
fell to Richard Brouue ; and the third, for fewer liundrcd thirty six ac''s, fell to
Richard Parker ; after ■\^'''' setlement yo'' peticbn's, to their great troubles &
chardge, did goe to view the said place, where there was no such considerable
quantity of land to be had, being taken vp before by M"' Dunstcrs farme and
others ; therefore yo'' peticon"* humbly desier this Courte that yow would graunt
them power to vciw and lay out their seuerall piiorcons of land, and acording
as their lotts fell, in some jjlacc w"'out the bounds of Dedham line, if it be
there to be had, and that the Court would appointe Edward Jackson, w"' some
other surveyor, that they cann gett to lay out the same ; & yo'' pcticon" shall
humbly pray. This peticSn was graunted by both howses.

132

THE RECORDS UF THE COLONY OF

Dutchmans
fine abated.

orporated.

[Pages •146, *147, and »14S are blank.]

*.4t a Session of the Generall Court of Election, held at Boston, the

18"' of the S"' 3Io" : 1648.

M" Richard Russell was chosen Speaker for the first weeke.
Thomas Vnclerwood, a deputie from Hingham, vpon his vrgent occa
sions, was dismist the Court.

Tlie master of the Dutch shippe, in regard he was but a straunger, his
forfeit of eight pounds, for makinge 4 shotts in o"' harbour vppon the L'^s
day, is remitted to forty shillinges.

Vppon the petition of the shoemakers of Boston, & in consideration
of of the complaynts which haue bin made of the damag which the country
Bustaynes by occasion of bad ware made by some of that trade, for redresse
hereof, its ordred, & the Court doth hereby graunt libtie & powre vnto
Richard Webb, James Euerill, Rob' Turner, Edmund Jackson, & the rest
of the shoomakers inhabiting & howskeepcrs in Boston, or the greatest
number of them, vppo due notice giuen to the rest, to assemble & meete
together in Boston, at sucli time & times as they shall appoynt, who beinge
so assembled, they, or the greater number of them, shall haue powre to
chuse a master, & two wardens, with fowre or six associats, a clarke, a
sealer, a searcher, & a beadle, with such other officers as they shall find
nessessarie; & these officers & ministers, as afForesd, every yeare or oftener,
in case of death or departure out of this jurisdiction, or remoueall for default,
&<3, which officers & ministers shall each of them take an oath sutable to
theire places before the GoQnor or some of the magists, the same beinge
^scribed or allowed by this Court ; & the sd shoomakers beinge so assembled
as before, or at any other meettinge or assembly to be appoynted from time
to time by the master & wai-dens, or master or wardens M'ith two of the
associats, shall haue power to make orders for the well gouerningc of theire
company, in the mannagingc of theire trade & all the affiiyres therevnto
belonging, & to change & reforme the same as occasion shall require, & to
anex reasonable pennalties for the breach of the same ; provided, that none
of theire id orders, nor any alteration therein, shalbe of force before they
shalbe pvsed & allowed of by the Court of that county, or by the Court
of Assistants. And for the better executing such orders, the id master &
wardens, or any two of them with 4 or 6 associats, or any three of them,
shall haue power to heare & determine all offences agaynst any of theire id
orders, & may inflict the pennalties ^scribed as aforeid, & assesse fines to
the vallcw of forty shillings or vnder for one offence, & the clarke shall

THE MASSACHUSETTS BAY IN NEW ENGLAND. 133

glue ■warrent in ■\viitiugc to the beadle to leuie the same, who shall hauc 1G48.
power therevppon to leuie the same by distrcssc, as is vscd iu other cases ; ''

& all the sd fines & forfeitures shalbe imployd to the benefit of the 5d
company of shoemakers in generall, & to no other vso. And vppon the
complaynt of the id master & wardens, or theire atturn'' or advocate, in
the County Court, of any pson or psons who shall vse the art or trade
of a shoemaker, or any pt thereof, not beinge approued of by the officers
of y" id shomakers *to be a sufficient workman, the sd Court shall haue [*150.]
power to send for such psons, & suppresse them; provided also, that the
prioritie of theii-e graunt shall not giue them precedency of other companies
that may be graunted ; but that poynt to be determined by this Court when
there shalbe occasio thereof; provided also, that no vnlawfull combination Shoemakers
be made at any time by the id company of shoemakers for inhancinge the
prices of shooes, bootes, or wages, whereby either o"^ owne people may suffer ;
provided also, that in cases of dificultie, the id officers & associats doe not
pceede to determine the cause but by the advice of the judges of that
county ; provided, that no shoemaker shall refuse to make shooes for any
inhabitant, at reasonable rates, of theire owne leather, for the vse of them-
selues & families, only if they be required thcrevnto; provided, lastly, that
if any pson shall find himselfe grciued by such cxcessiuc fines or other
illegall pceedinges of the id officers, he may complayne thereof at the next
Court of that county, who may heare & determine the cause. This commis-
sion to continue & be of force for three yeares, «& no longer, vnles the Court
shall see cause to continue the same.

The same coiiiission, verbatim, with the same libtic & power for the Coop's graunt.
same ends, vpon the like grounds, is -giuen vnto Thomas Venner, John
Milium, Samuel Bidfeild, James Mattocks, W™ Cutter, Bartholomew Barlow,
& the rest of the coops of Boston & Charlstowne, for the ^venting abuses
in theire trade. To continue only for three yars, as the former, niutatis
mutandis.

In answer to the pe? of EolJt Saltingstall, the Court allous him lifetie to Ans-. to Sal-
sue for his land as he desires, and if Doner men haue damnified him, he may ''"S*''' ^ P"'-
sue for recompencej for except he had mentioned the order of this Court
in his piudice, we cannot take notice of any ; for the writing he speakes of in
David Sellacks hand, if he will not pduce the pet, may compoll him to it
by course of law, & w" it is pduced the Court will consider of it.

Whereas the keepinge of sheepc tends much to the good & benefit of Ord; for sheepe
the country, & may make a good supply in a short time towards the clothinge shee°"™™Ho^
thereof, if they were carfully pscrued, and forasmuch as all places are not '^ S''^-'' '"^''^'-

134 THE RECORDS OP THE COLONY OF

1648. convenient for that end, it is therefore orclred, that henceforth it shall be
"" ^ ^ lawful! for any man to keepe sheepe in any common, be it for cowes, oxen,
&3, belonginge to the towne where he Hues, or where at that time he may
haue right of common, & that without any limitation in comons not stinted ;
and in such comons that are stinted, it shalbe lawfuU for any inhabitant
to keepe any or all his pportion in sheepe, accounting 5 sheepe to one great
[*151.] beast. And it is further ordred, *that if any pson shall course with a dogge,
or other wayes molest such sheepe, by driueing them from theire feedlnge,
he shall pay 5' for every offence, besides double dammages ; & if any dogg
shall kill any sheepe, the owner shall either hange his dogg forthwith, or pay
double dammages for the sheepe ; if y" dogg hath bene secne to course or
bite any sheepe before, not being sett on, & his owner hath had notice
thereof, then he shall both hange his dog & pay for the sheepe ; if, in such
case, he refuse to hange his dog, then the constable of the id towne shall
cause it to be done. By both.
Ans;toEngaUs In answer to the pet of Robt Eugalls, concerninge the death of his

^^ " father at Lin bridge, it was ordred, that a warrent should goc from this Court

to the marshall of Salem, to warnc another jury, none to be of Lin, to en-
quire of the death of the id Engalls, & to certifie it to the next Court of As-
sistants, & the jury to be sworne by Capt Bridges. By both.
Ord: about Its ordred by this Court, & by the authoritie thereof enacted, that any in-

wooiues habitant, Enolish or Indian, within this iurisdlctio, that shall kill any wolfe or

\V olues, boun- ' o ' J > J

ty for killing, wolues, makinge good pfe to the constable of y" towne where such wolfe is
kiid, bringing of theire heads, which the constable is to bury, if any English
shall kill any, he shalbe allowed thirtie shilling, at the least, by the constable
of the towne for the time being, ten shillings whereof the Treasurer, In the
next leule that issues out of that towne to the country, he shall allow to the
cunstable ; and for every Indian that shall kill any wolfe, he shalbe allowed 20%
ten whereof shalbe allowed by the Treasurer, as before, backe agayne to the
constable, as afforeid. This law to be of force for the space of iowre yeares.
Voted by both.

Hounds to be It* ordred, that tlie select men of every towne shall, & hereby haue

^^ ' powre gluen them, to purchace or pciu'e, with the townes stock, so many

hounds as they shall thinke meete, & to Impose the keepelnge of them on such
as they judge fittest, that so all meanes may be Improued for the destruction
of wolues, & that no other dog be kept In any towne but such as the select
men shall se meete ; pvided, that no magistral shall haue any hound imposed
vpon him, nor dogge taken from him, w"^out his consent. By both.

Starbucke. This Couvt, being informed of great niisdemencr coiviittod by Edward

THE MASSACHUSETTS BAY IN NEW ENGLAND. 135

Starbucke, of Douer, with pfession of Anabaptisme, for which he is to be 1648.
jiceeded agaynst at the next Court of Assistants, if evidence can be ppared by ~- ^ ~'
that time, & it beinge very farre for wittnesses to travill to Boston at that sea- Anabaptist tes
son of the yeare, it is therefore ordred by this Court, that the secritary shall j!^™™' '"
giue coiiiission to Capt Thomas Wiggan & M"^ Edw: Smyth to send for such
psons as they shall haue notice of which are able to testifie in the sd cause, &
to take theire testimonie vppon oath, & certifie the same to the secritary so
soone as may be, that further pceedinges may be therein if the cause shall so
require. By both.

*'Whereas there hath beu lately a pet pfefd to this Court, subsci-ibud by [* 152.1
the vintno''s of Charlstowne & Boston, wherein they expresse theire desires Vintu".
for an abatement of the imposition of the Court layd vppon such as sell wine
by retayle in Charlstowne or Boston aftbresd, or else that they might come to
a compositio for what they so sell, the Court, vppon conferance had with y°
petitiono''s, haue concluded & agreed with them as followes : that whatsoeucr
is due to the country from them, or any or either of them, for sellinge of
wine, or licences so to doe, vnto this day, shalbe duly payd, & full satisfaction
made ; & for the future we further make this agreement & composition with Proposals to
all the sd vintno's in now licenced in Boston & Charlstowne afforesd, that from
henceforth they shall pay from yeare to yeare, for theire licences & libties to
sell wine, & imposition layd therevpon, the full suiiie of one hundred & sixtle
pounds p ann, current pay, to be payd by the sd vintners vnto the Treasurer
for the time beinge, the one halfe at the expiratio of six moneths now next
ensuinge, & the other halfe at a years end ; and so to continue the payment of
the foresd sume of 160'', in the forme before exprest, for the terme of fiue
yeai-es now next followinge, they sellinge wine at such rates as they are now
sould for ; also, its further ordred, that no pson or psons whatsoever, inhabit-
ing within the townes aboue mentioned, shall from henceforth haue any libtie
to sell wine by retayle but such as are already licenced, vntill the Sd terme of
fiue yeares be expired & ended ; and the sd vintnes to giue bond to the Treas-
urer, wherein they shalbe bound joyntly & seQally for the true payment of
the sd 160" yearly, accordinge to the sd order of composition ; & Capt Keayne
& James Pen are chosen a coinittee to confirme o"" graunt when the Court is
ended ; and for the better enabliuge the id vintnes to pay the sd composition,
& that neither they nor the country may be Avrouged by other psons retayl-
inge of wines without licence or any satisfactio to the publick, it is ordred
by this Court, that for the better recoueringe the pennalties imposed vppon such
offenders by a former law, & for the better discoQy of the same, it shalbe
lawfuU to the id vintners of Boston & Charlstowne to chuse two meete

136 THE RECORDS OF THE COLONY OF

1 G 48. psons, one for Boston & the other for Charlstowne, who, beiiige allowed vnder
"'' the hand of any Uvo of the ma^istrats, shall haue powre from time to time to

18 October.

enter into the howses of all such psons in the sd townes as they shall suspect
to retayle wines contrarie to law, & to warne such psons as they shall find
there drinkinge, or latly to haue drunke wine there, to goe forthwith before
some magistrat to be examined vppon oath concerninge the same, & vppon due
testimony such magistrat shall send for the pson so found to haue retayld any
wine, & bind him oucr with siueties, if he see cause, to the next Court, there
to be pceeded with accordinge to law, & beinge found guilty, the sd pennaltie
of fiue pounds, by law appo)-nted, shall forthwith be Icuied without any reser-

[*153.] uation or mitigatio ; and vppon any *informatlo giuen to any magistrat at any
time, by either of y" sd psons so allo\\ed to search, or by any of the id vint-
ners, of any pson so retaylinge wine contrary to law, & of any psons who are
supposed to be able to testifie thereof, such magistrat shall send for such pson,
& pceede therein as before. By both.

27 October. , Dat : 27 (8 j : -18 :

Prises of come. Its ordred, that all sorts of corue which shalbe payd in the countiy rate

Corn. shalbe payd at these rates & prises following, viz. : wheat & barly at 5' p bushell,

rye & pease at 4^ p bushell, & Indian at 3' p bushell ; provided, that this order

shall not concerne any corne other then what is payd in for rates. By both.

Ans; to Hal: Whereas M"''* Rebeckah Hall, of Salsbury, pferd a pe? to this Couit for

K Hall ^^^ confirmatio of the sale of some lands lefto her by her husband, deceased,

«& was referd for answer to the Court at Hampton, which she being ignorant

thereof, nothinge was done, the Court, vppon her second motion, rcferrs her to

be answered at the next Court at Salsbury. By both.

Ans: to Moores In answer to the pet of Edmund Moors, of Newbery, for the confirmatio

^"^ ' of the sale of certayne lands sould him by the executors or oQseers of John

E. Moors. •' ■'

Lowle, of Newbery, afforcsd, it was ordred, that vppon the payment of the
sume mentioned in the deed of sale to the executors or oQseers of of the id
Lowle, the inheritance of the land, together with the libties mentioned in the
id sale, should be hereby confirmed. By both.

A law interp't- A question arisinge about the inter^tation of a clause in a law made (42)

about triall of actions, &6, viz., whether a psonall action, as for battery, &6,
arising vppon an act coiiiitted in England, & the pties come both into this ju-
risdictio, whether by the sd law we are barred from tiying the action of bat-
teiy in this jiu-isdiction, it was resolued vppon by the Court, that wc arc not
barred by that law, because a psonall actio followes the pson, & from the pson
ouly the cause of the action ariseth.

Aus: to Linn j^^ answer to the pe? of the townc of Lin, for some yearly allowance

pet. '^ ' J J

THE MASSACHUSETTS BAY IN NEW ENGLAND. 137

towards the repay ringe of a bridg there called Lin bridge, it is ordred, that 1 G 48.
there shall from henceforth be allowed thirty shillings p annii out of the treas- ^ ^

, ^ . . 27 October.

ury of the country toward the mayntenancc of the sd bridge, for which the Lynn bridge.
inhabitants of Lin are for ever to repayre it.

Whereas, by a former order of Court, the maio's of the seQall regiments Ord: about

,._,,. a • • maio".

are to cause theire seuall regiments to mcete & exercise once in every yeare, q^^^^^ ^■^^g^^.
which is found by experience to be ouerburdensome to the country, for the miUtia.
pvention whereof, as also that the millitary officers & souldiers might haue all
due encouragment in the pformance of theire office & services, as well as some
relaxation of theire paynes & charges, it is ordred, that the regiment vnder
Major Gibbons shall meete & exercise together the next yeare, & that regi-
ment vnder Major Sedgwicke the next yeare after, & that regiment vnder
Major Denison the the thii-d yeare, so that euery yeare one regiment only shall
so meete & exercise together, & that every yeare that regiment *that regiment [*l5i.'\
that shall so meete & exercise, the maior thereof for the time beinge shall
haue twenty pounds allowed him out of the treasurie to defray his charges.
By both.

Whereas the last order concerninge the Castle, about three yeares since, Ord: about y
appoynted a garison of 20 men in summer & ten in winter, besides the capt
& gunner, which charges amounted vnto 280" p annii ; at 30" p aiinu for respecting.
the capt & gunner, & 12" p annii for the souldiers, 150" to be p'' by the coun-
try, the remaynder by the 5 townes, viz., Boston, 52"; Roxbuiy, 15" 12^;
Dorchester, 20" ; Cambridge, 20" ; Charlstowne, 20" ; notwithstandinge, we
are informed that by reason of the small allowance to souldiers, the Castle hath
seldome or neuer ben supplyed with the full number before mentioned, &
many times witli vnmeete & vnseruiceable men, & however the townes are
willinge to continue the former contributions accordinge to theire ^portions,
yett are not able to supply men according to theire first vndertakinge without
inlarginge theire contributions, which be to heavie a burthen at the least to
some of them : these things considered, the Court doth therefore order, that
a garison of ten men a weeke, from the 10'" of the 2"^ mo'" till the 10'" of
the 8'" mo'", & 6 men a weeke for the other six mo"'% shall suffice ; provided,
that vppon an allarum giuen by the Castle, viz., by shootinge off two great
guns, & fireing of a beacon, & hoysting & lowering the flag, or any two of
the sd signes, the counsell of common wealth, or, in theire absence, the GoQnor,
or any magistrate, or, m theire absence, the cheife millitary officer then in
Boston, shall forthwith send 40 men, sufficiently armed, &<?, for defence of
the id Castle, till further order be taken.

And to the end that the Castle may be constantly furnished with the

VOL. III. 18

138 THE RECORDS OF THE COLOxNY OF

1648. foresd garison of ten men in summer, & six in the winter, it is further ordred,

* '' "^ that euery souldier shall haue allowed him viij^ a weeke ; & if mecte men

cannot he hired by the capt of the Castle for the sd allowance of viij' a weeke,

he, the id capt, shall haue powre from the GoQnor for the time being, or any

two magistrats, to presse nieete men for the afforesd seruice ; & the cap? shall

take care to imploy the id souldiers 4 howres a day, either in repayring or

addinge to the fortificatio of the id iland as in his discretion he shall thinke

meete ; and, whereas there wilbe in this way about fortie pounds p ann of

charges lessened, it is ordred, that Cambridge shalbe abated 5" 15* p ann ;

Eoxbm-y, 24 bushells of Indian come, & the country to haue the benefit of

the rest, which wilbe neere 30'' p ann ; the other three townes to coutynue

theire former contributions. By both.

Ans; to Mis- Jn answer to the pet of the inhabitants of ]\Iisticke, concerninge the al-

r«, ^^ -, teration of a high way between Winnesmet *and Reddinge, it is ordred, that
[*lao.] & J ^ o ' ^ >

Thomas Line & M' Joseph Hills shalbe joyned with the former comittee, to
take a new sui-vay of of the most convenient place for the way in the pe?
mentioned, & to make certificate to the Court of theire apprehensions there-
abouts. By both.
Ans: to Mr. In answer to the pet of M"' Herbert Pellam for eight hundred acres of

m^T.^"?/ ^^ ' land, due to him, for & in consideratio of one hundred pounds aduentui-e, put
heirs. Jnto the Common stocke by himselfe & his father, M"^ Thomas Walgrauc, it is

ordred, that the sd M' Pelham should haue his 400 akers of land for him-
selfe, & the other 400 acres for the heires or assignes of M"' Thomas Walgraue,
in such place or places as not piudiceinge any plantation he, the id Herbert,
shall, by his agents, find out & allot vpon. By both.
Answ: to Bost: In answer to the pet of the inhabitants of Boston, for two fayres in a

^^ ■ yeare, to continue for two or thre dayes togeather, the Court hath graunted

Boston fair. •' ' JO' o

theire request, the one to be the first third day of the tliird mo"", & the other
the first third day of the eight mo"*, to continue as afi"oresd. By both.
Ans; to Coles lu answer to the pet of M™ Elizabeth Cole, widdow, for satisfactio in

E. Cole peti- Tcspcct of the cancellinge of a deed of 40 markes p anii, it was resolued
''°°- vppon that this petitiono' hauing receiued a satisfactorie answer vppon a

former petitio, for the restoringe her id deed to its due force & eflicacie,
Cwhich her selfe acknowlidgeth,) this Court hath no more to doe, especially
the petitioner not hauinge vsed any endcuour to reape the benefit of the
id order, by psecuting vppon her id deed, as she ought, & ptended to
doe ; & whereas she ^tcnds the absence of her brother, Frauncis Dough-
tie, &d, this Court will endcuour to pcure him here to Boston to answer her,
&S, if shee will put in good securitle to pay such charges & damages as

THE MASSACHUSETTS BAY IN NEW ENGLAND. I39

slialbe judged agaynst her, if the caiise, vppon hearing, shall passe agaynst 104 8.
her. By both. " '' '

Whereas it is found by experience that a great quantltie of wine is spent,
& much thereof abused to excesse of driukinge, yea, vnto drunkenesse itselfe, drunknes.
notwithstanding all the wholsome lawes pvided & published for the jpventinge
thereof, which tendeth much to the dishonour of Gd, the discredite of the
gosple, the shame of the country, & very offensiue to all godly people amongst
o'selues, & such as ai'e in confederation with vs, and it is to be feared that
if it be not speedyly ^vented, it -will some stroake of Gds heavie hand yppon
vs, its therefore ordred by this Court, that if any pson or psons who are
allowed to sell wine or beere shall from henceforth conceale in his howse
any pson that shalbe found drunken, & shall not forthwith pcure a cunstable,
whereby such a di-unken pson may be brought before some magistrate, to the
end he may receiue condigne punishment, as also in the meane time to stay
such a drunken pson vntill a cunstable can be jcured, he, the sd vintner, or
di-awer of beere, shall forfeit for every such default fine pounds, to the vse of
the countiy ; and it is hereby declared that the power of each magistrat is
further ratified, & theire vtmost *care therein is further desired, & that as [*156.]
often as they shall thinke meete they shall commaund a cunstable to accom-
pany them by day or by night, to enter into any tauerne or victualling howse,
to search out any such disorders as afforesd, and findinge any such pson or
psons, to imprison them, or put them into the stockes, accordinge as he shall
se cause, vntill it shall be determined of according to law. By both.

Stephen Forsdlcke beinge fined for his miscariage, by this Court, twenty Forsdicks fine
pounds, vpon his pet, & the reasons therein alleaged, his id fine is abated to ^ ^'"^ '
fine pounds, which being well satisfied, his land is discharged accordinge to his
desire. By both.

In answer to the pet of the inhabitants of Dedham, Eliazer Lusher is Answ. to Dedh.
confirmed to be theii-e cap?, Joshua Fisher their lelutcnant, & Henry Phillipps '"' '
their ensigne. By both.

Yppon the request of those whom it most concernes, the village at the
New Meddowes, at Ipswich, shalbe henceforth called Toppesfeild. By both.

In answer to the pet of the inhabitants of Dorchester, for some iland for j^^. ^g dq,.
& towards the mayntenance of a free schole amongst them, & in leiue of ol^sster pet.
Tomsons Iland, which is now taken from them, it was agreed vppon by the
Court, that when the towne should p>sent that which was fit to be giuen, it
should be conferd vppon them.

Vppon the request of M"" Joh Eliot, pastor to the church at Roxbury, it ord: about lu-
was ordi-ed, that none in Boston should sell ^vine to the Indians but W™ *"^"

]40

THE RECORDS OF THE COLONY OF

Ans: to Ando:
pet.

Arnold's bill
graunted.

[n57.]

Ans: to Oliuers

pet.

M. Oliver.

Ans: to Hei-
dons pet.

Ans. to Leuens

pet.

K. Leavens.

Philllpps, vppon pennaltie of 20% to be heard & determined by any magistrat,
in case of drnnkncs. Consented to by both.

Vppon the request of the inhabitants of Wooburne, Leiuetenant Ed-
ward Johnson is appoyntcd for one yeare to many such psons there as are
published according to order.

In answer to the request of the inhabitants of Audouv'", that some meete
men might be appoynted to set out the way from Andouo'^ to Newbeiy, from
Andouo"^ to Eowly, & from Andovo'' to Ipswich, it was ordred, that in regard
no psons were nominated, it should be issued by refferinge those whom it may
concerne to the County Court, who haue powre to order matters of this
nature.

W" Arnold, ^sentinge a bill of charges to the vallew of 5" 10' 7*,
which he layd out at seuerall times for the countrys vse, as by the sd bill
appeares, is allowed the foresd sume, with 3'" 6' & 8'* for his owne charges &
paynes, for which he neuer had allowance. By both.

Job "Webster, cunstable at Strabery-Banke, p>sentinge a bill of charges
for the cariage of Heniy Taylor to the prison at Boston, to the vallew of
6'' 4' 0, as by pticulers in the sd bill appeares, for the satisfactio of whom, it
was ordred, that the secritary should giue warrent to the marshall of
*Puscataque to leuie the same out of the estate of the sd Taylor ; & if Taylor
hath not sufficient, &6, then the sd warrent to be to require it of the
inliabltants of Puscataq,, & for non payment to levie the same.

In answer to the petitio of Mary OHver, for the remissio or abatm'
of her fine of ten pounds, layd vppon her by the Court at Salem, for some
miscariage, it was ordred, that her fine should not be remitted, but that the
Court would take some further triall of her vpon her psent submissio &
pmise, but arc willing & doe order, that her sd fine shalbe respited for the
leuying of it vntill the Court shall giue further order therein.

In answer to the pet of Joh Heydon, for some releife in respect of his
distracted or possessed child, it is ordi-ed, that the petitioner shall haue fine
pounds giuen him by the country, to be payd by the auditor gcnerall out
of the reuenves that cometh from the imposltio layd vpon wines. By
both.

In answer to the petitio of Kachell Leuens, of Roxbury, it Is ordred,
that, accordinge to her request, she shall enioy the howse & land left her by
her late husband (Joh Leavens) dureing her naturall life ; findinge the howses
& fences in repayre, so to leaue them to her children after her decease ; and
also it is further ordred, that the land sould by her id husband before his
death vnto IMartin Stoben, & since by him vnto Richard Gardener, shalbe

THE MASSACHUSETTS BAY IN NEW ENGLAND. 141

confirmed & made good vnto the sd Martin, & Eichard Gardener, & to his 1648.
assignes for ever. By both. "" v •'

In answer to the pe? of Major Generall Endecott, for the layinge out j^^^, J ^^
of fine hundred & fifty acres of land graunted to him by the country, & two decots pet.
hundred & fifty acres giuen to Cap' W™ Hawthoif, & two hundred & fifty
acres giuen to Cap' Traske, both of Salem, it is ordi-ed, that all the 5d lands
shall forthwith be layd out in such places where the Court hath graunted
them; & the men appoynted to lay it out are Leiutenant Walker & Sergent
Marshall, both of Reddinge. By both.

Christopher Clarke beinge fined for shootinge off some great guns in Ciaiks fine re-
the night in the harbour at Boston, vppon his pet his fine is remitted. By
both.

For the better caryinge on of the occasions of the Generall Court, & Ord; for secri-
to the end that the records of the same, together with what shalbe |)>sented '"^ ' "^ ^"^
by M-ay of pet, &d, or passe by way of vote either amongst the Magistrats or
Deputies, may hereafter be more exactly recorded & kept for publicke vse,
it is hereby ordred, that as there is a secritary amongst the Magistrats, (who Books for rec-
is the generall officer of the common wealth,) for the keepinge of the publicke "jrfor sL^r™"
records of the same, so there shalbe a clarke amongst the Deputies, to be ""'^ ""'' '^^"^

" ■'of Deputies.

chosen by them from time to time; and that theire shalbe pvided by the
auditor generall fower large paper booke, in folio, bound vp with vellam
& pasboard, agajnist the next Court of Elections, when the officers are to
begin theire duties, & theire recompence to be payd accordingly ; two of which
sd bookes shalbe deliuered to the secritary, & two to the clarke of the Howse
of Deputies; one to be *a journall to each of them, the other for the fayre [*158.]
entry of all lawes, acts, & orders that shall passe the Magistrats & Deputies ;
that of the secritary to be the publicke records of the country, that of the
clerke to be a booke only of coppies ; and that the secritary & clerke for the
Deputies shall briefly enter into theire journalls respectiuely the titles of all
bills, orders, lawes, petitions, &(3, that shalbe fPsented & read amongst them,
what are referd to committees, & what are voted negatiuely or affirmatively,
& so for any additions or alterations. And that all bills, lawes, petitions, &d, Manner of
that shalbe last concluded amongst the Magistrats, shall remayne with the ''ubUc'fecords
Gouernor till the latter end of that session, & such as are last assented to
by the Deputies shall remayne with the Speaker till the id time when the whole
Court shall meete together, or a committee of IMagistrats & Deputies, to con-
sider what hath past that sessions, M'here the secritary & clerke shalbe fsent,
& by theire journalls call for such bills, &6, as haue passed either howse; &
such as shall appeare to haue passed the Magistrates & Deputies shalbe

Farmours of
custome.

[n59.]

Ans: to Lin
pet.

Lynn iron
works.

Ans: to M'
Rawsons pet.

THE RECOEDS OF THE COLONY OP

delivered to the seciitary to record, who shall record the same within one
moneth after every session, which being done, the clerke of the Deputies
shall haue lit>tie for one moneth after to transcribe the same into his booke
of coppies ; and such bills, orders, &S, which haue only passed the Magistrates,
shalbe delivered to the secritaiy, to keepe vppon file, & such as haue only
past the Deputis shalbe delivered to the clarke, to be kept vppon file in Uke
manner, or otherwise disposed of, as the whole Court shall appoynt; and
that all such lawes, orders, & other acts of Court conteyned in the old bookes
that are of force, & not ordred to be printed, shalbe transcribed into some
alphabetical! way, or methodicall way, by direction of some committee that this
Court shall appoynt, & deliuered to the secritary to record in the first place in
the id booke of records, & then the acts of other sessions in order accordingly,
and a coppie of all to be transcribed by the clarke of the Deputies, as afforesd ;
and that the secritary shalbe allowed for his pajTies 20 marks p annu, & the
clerke of the Deputies ten pounds p annu, to be payd by the Treasurer,
till the Court shall appoynt theiie recompence by fees or otherwise. By
both.

Forasmuch as we find by experience some inconveniencys that arise in
gettinge in & gathering vpp the custom of wine, as it hath hitherto ben
carried on, & that we are willinge to avoyd offence as much as may be, in
consideration whereof, as also for & in the *consideration of the sume of one
hundi-ed & twenty pounds p aimii to be giuen by Major Robert Sedgwicke
& M"^ Richard Russell, of Chalstowne, it is ordi-ed, & the Coiut doth hereby
■ graunt the id custome of wines for & dureinge the terme of fowre yeares
now next cominge, they or either of them paying the foresd sume of one
hundred & twenty pounds p annu to the capt & ganison at the Castle, as a
pt of that which the country is engaged to pay vnto them, or otherwise, as
the Generall Court shall appoynt from time to time; and full power is
hereby giuen vnto the foresd Majo'' Sedgwicke & M' Russell to vse all
lawfuU wayes & meanes for the recouery of the same accordiuge as the law
in that case hath pvided.

In answer to the inliabitants of Lin, who, in their pet, desire a right
vnderstandinge of a clause in the libtie graunted to the vndertakers of the
iron workes, viz., Avhat is intended by flfreedome from all publicke taxes,
assessments, & contributions, whether pticuler towne taxes, &S, both ciuill
& ecclesiasticall, it is resolued on by the Couii, accordinge to that which the
law interprets, that by publicke rates, taxes, &6, are ment rates, leuies, or as
sessmcnts of the common wealth, & not of the towne or church. By both.
In answer to the pctitio of M'' Edward Rawson for satisfaction in regard

THE MASSACHUSETTS BAY IN NEW ENGLAND. 143

of charges he hath ben at, & clammages -which he hath sustaynd, about 1G48.
pvisions to make gunpower, it is oiclred that, in regard of his great forward- ^ '

nes & readynes to advance so hopefull a designe as the makinge of saUpeter
within this jui-isdiction, who, for that end & purpose, hath disbursed
certayne monyes to his great losse & damage, pisented to vs at large in his
petition deliuered into the ^sent Court, haue therefore, in consideration of
the finises, & answer to liis sd peT, giuen and graunted vnto him & his
heii'es forever fine hundi-ed acres of land at Pequot, to be layd out by the
appoyntment of this Court, as also fiue pounds to be payd him out of the
treasury. By both.

Whereas by experience it is found very burdensome to this Court that Petitiono" to
many petitions of inconsiderable concernment are at every Court fpsented, J'^.' .

•^ *^ J ^ ' Petitions to the

which occasions much expence of time, & tends greatly to the exhaustinge court taxed.
of the estate of the country, in consideration whereof, it is ordred by this
Court, that from henceforth all petitions which are of a common & ordinary
nature, the petitiono'' shall, on the deliuery thereof, pay vnto the secritary
or clarke, where the same shalbe deliuered, two shillings & six pence for
every petitio ; and all petitions for the abatement of fines, or the remittment
thereof, shall pay vnto the secritary or clarke ten shillings ; and all petitions
for gratuities shall likewise pay ten shillings, in manner & forme as is before
exprest ; and all petitions that concerne controversies betwixt pson &, pson,
towne & towne, shall pay ten shillings ; as also all petitions for debts betwixt
ptie 8c ptie brought from Quarter *Courts, or that concerne appeales, shall [*160.]
pay ten shillings, be^ids the charge of the Court, as by former order is j)vided
for ; and all other petitions, of what nature so ever they be of, to pay accord-
inge to these ^portions, pvided that all such petitions as concerne any en-
gagement that shalbe betwixt the countiy & any of o' creditors are herby
exempted ; and that any magistrat or deputie of this Court may psent any Deputies ox-
petition wherein his owne psonall right is concerned, payment of fees ex- ™''* f""' ^^"
empted ; and that there shalbe a trew entry made by the secritary of the
number of petitions that shalbe deliuered to the Magistrates ; and that the
like shalbe done by the clerke of the Deputies of all the petitions which
shalbe deliuered vnto them ; & all such fees as are j)duced by such petitions
shalbe receiued or secured by the secritary or clerke, & discounted in pt of
theire annuall allowance giuen vnto them by the Court, or considerations ex-
pressed in the order that concernes theh-e employm'. By both.

Vppon the petition of Frauncis Hudson & James Heydon, farmours of Ans: to feri-
Charlstowne ferry, wherein they expresse there desirs that some course may """^"^ ^
be taken to pvent passengers disorderly prcssinge into boats & cscapingc out

144 THE KECOEDS OF THE COLONY OF

1648. of tliem without paying theire fare, j5>tending that they haue notliinge to paye,
"^ • ' or that thev are on the countryes service, it is ordred, that from henceforth
_", , . ' it shalbc lawfull for any ferriman to demaund & receiue his due before his

Order for terry-

'"' ■■ boate puts off from shore, nor shall he be bound to passe ouer any that shall

not giue satisfaction ; & any ferry man may refuse any wampom not strunged
or vnmerchantable ; & such psons, whether horse or foot, which ai'e passage
free by order of Court, must shew somthing sufficient for theire discharg, or
else must pay as others doe, except magistrates & deputies, who are generally
knowne to be ffree. By both.
Law books dis- It is ordred by the Court,- that the booke of lawes, now at the presse,

members. ° " ^lay be sould in quires, at 3' the booke ; pvided, that every member of this
Court shall haue one without price, & the audito"' generall, & M' Joseph
Hills, for which there shall be fifty in all taken vpp, to be so disposed of by
the appoyntment of this Court.
Pococks pay. It is ordred, that W Pococke shall haue his fifty pounds, to be. payd to

his agent here in corne, if he will accept of it ; if not, some course to be
taken by the Tresurer to pay it in England if he can, & the like course to be
taken for the payment of M'^ Sherly.
Armitagc to Joseph Ai-mitage hath liberty graunted him to sell wine at Lin for one

year now next coming, for which he is to pay 6" 13^ 4* to the Tresurer.
r*161.] 'I'l^^ townes of Dorchester & Hull, for beinge defective *ia sendinge in

Townes fined, theire commissiono''% & for not furnishinge them with sufficient instructions for
makinge the country rate, theire fines specified in the order concerning rates
are abated vnto fine shillings a towne. By both.

The townes of Brantry & Hingham being defectiue in sending in theire
comissiono" for making the country rate, theire fines specified in the order con-
cerning rates are abated to forty shillings a towne. By both.
Ans: to u.ivi- In answer to the petition of Nic" Davison, in the behalfe of ]M'"'* Crad-

Milt^cke" ocke, for the repayring & mayntayning of ISIisticke bridge by the country,
bridge. the Sd M' Davison being sent for, the evidence he can giue being herd &

Mistick bridge, examined, with the records of the Generall Court, it appears that though the
Generall Court did engage for an exemption from rates for that yeare, & fin-
ishing the same on theire owne charges, which accordingly hath ben pformed ;
but it appeares not that in the least the Generall Court did Ingage to the re-
payringe thereof; the Court, being satisfied with the records, doe order that
the id Misticke bridge henceforth shall not by the countiy any way be' re-
payred, & that the passage for travillers shalbe ouer the ford which is aboue
the bridge. And further, for the ^venting future chai-ges about bridges &
high wayes, it is ordred, that all bridges & high wayes in the limitts of the

THE MASSACHUSETT.S BAY IN NEW ENGLAND. ]45

seueiall towneships that now are, or hereafter shalbe, made, shall by the scucr- 1 (> 4 M,
all townes in whose limitts such bridges & high wayes are, be by thcni made, ^ ^ '
repayred, & mayntayned. By both.

The iland called Lovills Hand is giuen vnto the inhabitants of Charls- Loviik iiand.
towne & theire heires for ever ; pvided, that halfe of the timber & firewood
shall belonge to the garison at the Castle, to be improued wholely there. This
was ordered with the consent of the deputies of Charlstowne. By both.

In answer to the pet of Pomhom, sachem of Showamat, who complayncs .vns: to i*um-
of iniuries offred him by the English tliere, it is ordred, that when the season """'
of the yeare shalbe fitting, comissiono" shalbe sent to heare & determine the
matters of this pe?, & to make certificate thereof, so as the Court may j)ceede
to detennine the same accordinge to justice, which is the rather to be done be-
cause the other pties haue complayned to the coiiiissiono'' latly of great iniu-
ries & damages sustayned by them from the petitiono'^ & his men ; and that
the Gouemo"', or some other, be intreated to write to the English wlio abuse
them, to forbeai-e any further so to doe. By both.

j\I' Saltingstall & M' Symons, two of the magistrats of tliis jurisdiction. Magistrals
being fined for theire absence from Court fifty shillings, each of them, vppon °^* f<=mitte
hearing of their excuses, & finding them to be reasonable, theire fines are re-
mitted. By both.

It was left to the Court of Asistants, if they should thlnke fit, to appoynt Thankes giu-
a day of thanksgiuing throughout the coUony. "'°'

*This Court, beinge informed that there is a dangerous passage, for want [*1G2.1
of a bridge ouer Ipswich riuer, about 4 miles from Reddinge, especially in Bridge at ips-
winter, & at the springe, when the waters are hipfh, where some travillers haue , . , . .,

■^ ° ° ' Ipswicli bridge

beene in great danger of drowninge, it beinge the comon roade to Andouor & '" be built.
HaveriU, & the neerest way from the bay, by many miles, to the eastward,
doe therefore order, that the lands formerly graunted to Cap' Keayne for hini-
selfe, & those whose lands he purchased, together with those lands which haue
ben graunted to M'' Eichard Browne, M" Parker, W"" Denison, W"" Parkes,
& Joh Johnson, shalbe layd out in the place where abouts this bridg is to be
built, they offring, at theire owne charges, fPsently to build this bridge, if no
farmes be layd out therevpon already ; but if there should, it is ordied, that
the country should be freed from the sd bridge, & the owners of the land
shalbe liable therevnto. By both.

Maio" Gibbons, liaA'inge some wines aboard the Dutch sliippc, part Majo'tiibons
whereof he intends to carry to Virginia, desiringe he may haue Icaue to
land so many butts as want trimingc, & take them aboard agaync, without
payinge of custome, hath his rec|uest graunted. By both.

VOL. 111. 19

146 THE RECORDS OF THE COLONY OP

1648. In answer to the pet of the trayned souldieis of Hingham, that they

might be pvided for in respect of military offices, it is ordred, that IM' Bozood
Allen shalbe theire leiutenant, & Joshua Hubbard theii-e ensigne. By both.

Ill answer to the pe? of M"^ Stephen Winthrop & Barbara, late wife to
Joseph Weld, for repayringe theire losses & charges which they haue expend-
ed in the suite with Alderma Burkley, the Deputies apprehend the country is

Stephen Win- , . ." r i' •

throp petition, no Way engaged to answer the pctitiono''' request ; one mayne reason ol their
ap''hention is, because the negative vote of the Magistrats hindred the pcccd-
inges which. Avould haue freed the i)etitiono''^ from any sutes thereabouts.
Voted by the Deputies.

Ord; about It is ordred, for triall till the next Court, that all passable or payable

pcage henceforth shalbe intire, without breaches, both the white & the blacke,
without deforminge spotts, sutably struuge in eyght knowne pcells ; the peny,
3'^, IS-*, 5% in white ; the 2'', 6'>, 2^ 6^, & ten shillings, in blacke. By both.

It is ordred, that the servants of Hugh Giuii.son shalbe allowed from the
Treasurer, for theire attendance, 20".

The like sume also of twenty shillinges is allowed to be payd to the
servants of W" Phillips, for theire attendance on o"' honnou'd magistrats.

[Page *163 is blank. Pages *164— *208 inclusive contain records of the Deputies for the year 1G56, and
will be found in their chronological place in this printed volume.]

Peage.

[In the handwriting of Mr. Rawson.]

.itt a Gennerall Cou'tc of Eleccon, held at Boston, the 2'' of the
8 31°: 1649, where was chosen

John Endecott, Esq), Goilno'', who tooke his oath.
Thomas Dudley, Es^, Dep' Goflno'', who tooke liis oath.

Asistants, & tooke their oathes : —

Richard Bellinghm, Es^,
Richard Saltonstall, Esqi,
Herbert Pellham, Esq>,
"\ym pinchon, Gent,
John Winthrop, Gent,
Simon Bradstreete, Gen?.,
Increase Nowell, Gent, & SeC,
W™ Hibbins, Gent,
Thomas Flynt, Gent,
Cap' Robt Bridges.

Thomas Dudley, Esf>, &]

Simon Bradstreet, Gent, / (-■"""^sion" for the ^'nitcd Collonyes.

THE MASSACHUSETTS BAY IN NEW ENGLAND.

John Enclecott, Es^, ] _

Eich Bellinghm, Es^J Comission" in reserve.

Edward Gibbons, Es^, INIajo' Gennerall.
Rich Russell, Gent, Treasurer.

Deputyes chosen by the tounos to serve the country at this Geniill Courte.

Salem : Capt W'" Hauthorue, M"' Henry Bartliolmew.

Charls Toune : IVIajo'' Rob' Sedjuke, M'' Frauncis Willowby.

Dorchester : JM"' John Glouer, INI'' Tho Jones.

Boston : Capt Rot^t Keayne, INP James Penne.

Roxbury : Capt Hugh Prichard, j\I'' W™ Parkes.

"Water Toune : M' Rich Brounc, ^l" Ephrainr Child.

Lynne : IM"" Tho Layton.

Cambridge : 'SI' Edward Jackson, Capt Dan Gooking.

Ipswich : Majo'' Daii Dennison, M'" Rofet Payn.

Newbery : M"^ Edw: Rawson.

Weimouth : Left W'" Torrey.

Hingliim : M'' Nico Jacob, M'' Jo Beale.

Concord: Capt Simon Willard.

Dedham : j\l'^ Antho Fisher.

Salisbury: Left Rofct Pike.

Hampton : W'" Eastow.

Rouley : M' Humphry Reynor.

Sudbury : Ensii Edmo Goodenow.

Doner :

Braintrec : Capt W'" Ting, M"' Sam: Basse.

Glocester : iNP Obadiah Bruen.

Woobourne : licft Edw: Johnson.

Wcnnam : ]\P W"> Eislvc.

Haul! : M'' Rott Cleoments.

Redding : Left Rich Walker.

Sprinfeild : John Johnson, Siirvcyo'' Geniill.

]Major Daniel! Dennison, Speaker for y" session.

Edward Rawson, Cleric for y' yeere.

.Tames Penn, W'" Parks, Husbands for y^ session.

*0« the :r May, 1649, entered, S>- passed 1649.

RECEAVED a petition of John Gidnev, of Salem, in reference to a com- L ~^^-J
... , ■ Entered ^va v

posicon for his impost of wyne, &0. Deput', & 2« 6»

In ans' thereto, Capt Ro%t Keayne, James Penn, & W'" Parkes are ''"' '

appointed a coiiiittee, & have power graunted them to compound w"^ liim or

any other vintner of this jurisdiccon, aud to turne their impost into au

3 May.

148

THE IlECORDS OF THE COLONY OF

1G49.

Edncy Bayly & Bavlv bv W'
Ezckie'' North -'•'•'

[»211.]
M' Dour.ings
fine remitted.

Voted thanks
to Rev. M'

annuall rent for fowcr yeeres, as they shall thinke meete to agree, so aa
such vintner doe conic in & agree w"' them at or before the end of this
Co arte.

Eeceaved a petition of Edney Bayly, of Rowley, wyddow, ffor explanaco
of this Courts order in answer to hir former petition. Hir desire concurring
w"* Ezekiell Northin, hir ^sent husband, was graunted, y' they should have
the Courts resolution and explanacon w'^'out ffee. For explanacon of the
order of the last Courte, and for a finall detcrminacon of the case, itt is
ordered, that the fForty sixe pounds, given to the child or children of Edney
Halsteed, remayne in the hands of Ezekiell Northin, husband
to the said Edney, till Joseph Bayly, sonne of Richard Bayly, deceased, shall
attayne the age of twenty and one yeeres, and then so much thereof to be
paid to the said Joseph as the will of the said W" Halsteed, the doner
thereof, doth appoint; and that the said Josephs porcon out of his fathers
estate shallbe fForty and one pounds, w* is two third pts of the said estate,
w"^"" soine of forty and one pounds shall also remayne in the hands of the
said Ezekiell Northin till the said Joseph shall attayne the age of fowerteene
yeeres ; provided, that the said Ezekiell Nortliin give sufficyent secuiity to
the next Courte, to be holden at Ipsuich, for the well educating of the said
Joseph Bayly, till he shall attayne the age of twenty and one yeeres, and for
the paying of the said legacy and porcon as formerly is exprest.

*M' Emannuell Douning his petition for the abating of his fine of fhffty
shillings, for his absenting himself from the service of the Courte the last
yeere, was accepted of, to be answered w"'out ffee ; and his fine was remitted
him acording to his desire.

Itt was voted, that M'' Speaker, in the name of the Howse of Deputyes,
should render M' Cobbett the thankes of the howse fof his worthy paines in
his sermon, w*, at the desire of this howse, he preached on the day of
elecobn, & declare to him it is their desire he would print it hcere or
elsuhere.

Itt is ordered, that the agreement made w"* W™ Phillips, Hugh
Gullison, Rob' Long, W"" Hudson, & Robert Turner, for the chainge of
their impost to an annuall rent, shall be entered amongst the records of the
Coiu-te, w"' the pvisoes ffollowing, the act of the coinittee being appved, and
they dischai-dged.

Artickles of agreement, indented and made the 11"* 10"» iii, 1648,
betweene Capt Rob' Keayne & James Penn, Deputyes of the Gennerall
Courte, held at Boston, in New England, in behalf of the t/ie said Courte

THE MASSACHUSETTS BAY IN NEW ENGLAND. 149

of the one pte, and W"" Phillips, Rob"^' Long, Hugh Gullisou, W" Hudson, 1640.
and Rob't Turner of the other pte, asfolloweth : —

Imprimis. The said Rob'^t Kcayne and James Penn doe, by theis p'n"*, by
virtue of an order made by the Gennerall Courte the 27"^ of the 8 & last past,
sett, and to farme lett, vnto the said W" Phillips, Rob''t Long, Hugh Guiiison,
W™ Hudson, and Rob''t Turner, and their assignes, the selling and retailing of
all manner of wynes in Boston and Charlestouiie, ffbr and during the space
of five yeeres next ensewing the said 27"' of the 8 ifi last past.

lii. Itt is couenauted and agreed betweene all the pties to theise fPsents,
that the said W* Phillips, Rob-'t Long, Hugh Guiiison, *W'n Hudson, and Rob' [*212.J
Turner, and their assignes, shall not, in selling and retayling the wynes here-
after mencbned, take or receave of any pson or psons whatsoeuer ouer and
aboue^ the prizes following, viz. : for all manner of sackes, muskadells, allegant
and tent wyne, the rate and pporcon of ffiffteene pence p quarto, and for all
manner of French wines, as white wine and clarrett wine, the rate pporcon of
eight pence p quartt, and so for a greater or lesser quantity pporcbnably of
any of the aforesaid wines during the said terme of five yeeres.

Itt. The said Capt Rob' Keayne and James Penn, on the behalfe of the
said Gennerall Courte, and w"* the consent of the same, doe, by theise ^sents,
covenant, pmise, and agree to and w"' the said W™ Phillips, Rob' Long, Hugh Contract «-ith

wine venders.

Gunnison, W" Hudson, and Rob' Turner, and euery of them, and then- as-
signes, that no pson or psons inhabiting w"'in Boston and Charlestoune afore-
said, shall, from the 27"* of y° 8 A, have any liberty graunted to them by the
said Gennerall Courte, or otherwise, to sell any manner of ^^•yne by rctaile of
any lesse quantity then a quarter caske, acording to a former order of the sd
Courte, but only such psons and their assignes as are now licensed, vntill the
said terme of five yeeres be exjjired.

In consideracon whereof, the said AY'" PhiUips, Rob' Long, Hugh Gun-
nison, W™ Hudson, & Rob' Turner, for themselves and euery of them, and
the cxecuto''s, administrators, and assignes of them, and eQy of them, doe, by
theise puts, couenant, pmise, and agree to and w"' the said Capt Rob' Keayne
and James Penn, well and truely to pay, or cawse to be paid, vnto Richard
Russell, gent. Treasurer of the jurisdiccon of the Massatusetts in New Eng-
land, or liis successors, the soiue of one hundred and sixty pounds yearely, in
currant pay, in manner and forme following, that is to say, eighty pounds, vpon
the 27"" of 2'^ A next *next ensewing the date hereof, and eighty pounds vpon r*213.1
the 27"' of y<^ 8 & then next following; and so consequently at the said dayes
yeerely, eighty pounds at each day for and during the space of the five yeeres

150 THE RECORDS OP THE COLONY OF

1649. above mencbned. In wittnes whereof, the pties aforesaid to theise p'ri** have
' ■< "" interchangeably sett to their hands and seales the day and yeere first above

3 May.

■wi-itten.

W" PHILLIPS,

Sealed and deliiid in the psense of EO^^ LONG,

John Dand, HUGH GUNNISON,

Franc Norton, W" HUDSON,

David Yale. EOB^ TURNER.

1. That the lessees shall not di-awe wine in any howses but where the
lessees doe or shall dwell in the same toune.

2. If they sett any assignes in those howses w"'out the appbaeon of the
Gennerall Courte, it shallbe invalid.

3. That it be exp>ssed what the hundred and sixty pounds p annu
shall be paid in ; othcruise they may pay it in coiiiodityes of w'''' no vse
cann be made but by transporting of them, and waiting for retournes w">
adventure.

Itt is ordered, that the bond of Majo" Rob' Sedjuke, Rich Russell,

Frauncis Norton, and David Yale, for the payment of the annuall rent w"^''

they agreed w"' the last Gennerall Courte to pay, as therein more amply ap-

peares, should be recorded amongst the records of this Coiute.

Agreement w" Whereas the Gennerall Courte have sett, and to farme lett, by their order

Majo' Sedjuke

& M' Russell bearing date the 27"" of y" 8 iii last past, the customes of all sorts of wynes
fort e impost jj-^ported into their jurisdiccoii, w"' all the pffitts and emolluments therevnto
P ann. belonging, together w"^ all their power and authority for the pcuiing and re-

ceaving of the same from all manner of psous w'soeuer, acording to orders of
Courte made for that purpose vnto INIajo'' Rob' Sedjuke and M"" Richard Rus-
sell, for the full tenne of fewer yeeres from the 27"' of the 8 ni last past ; in
. consideracon whereof, wee, the said Majo' Rob' Sedjuke, Richard Russell,
Frauncis Norton, of Charlestoune, marchants, & David Yale, of Boston, mar-
[*214.] chant, doe, by theise p'n'^ bind ourselves, and euery of vs, in the *in the
some of two hundi-ed and forty pounds starling, to pay vnto the country or
Gennerall Courte, or to whom they shall appointe for the said ternie of fewer
yeeres ; after the 27"» of the 8 &, the soiiie of one hundred and twenty pounds
yearely, in currant pay of New England, in manner and forme following : that
is to say, sixty pounds vpon the 27"* of the 2 ifi next ensewing the date
heerof, and sixty pounds vpon the 27 of the 8 ifi then next following, and so
to continew vpon the said dayes yearely, sixty pounds vpon each day vntill the

THE MASSACHUSETTS BAY IN NEW ENGLAND. 15]

said fower yeeres be expired. In wittnes whereof, wee have herevnto sett our 1 049.

hands and seales, 11"' 10 ifi, 1648. '^ f ■'

ROBT: SEDJUKE, ^*''^-

Sealed iu the |?scnce of RICH : KUSSELL,

John Dand, FRANC : NORTON,

Rob' Keayne, DAVID YALE.

James Penn,
Rob' Long-.

Whereas, vpon examination it appeares vnto this Courte that it is neces- y Genu"'
sary that there should be some addition made to our stocke of pouder and other ^"""'''^ '^^^ ^'

^ 3'« coUonyes be

ainunition,- to secure ourselves against an enemy, and therevpon have taken care dewiy &

1 1 11 1 • 1 • • 1 • 1 1 ffiqually pvided

that a supply maybe made, wee thinke it is meete and convenient that the rest ^.i, p„„der
of the collonyes w"' whom wee are in confccderation, and from whom wee
should expect asistance, in case occacon call vs therevnto, (according to articklcs
of agreement,) should also be pvided acording to their pporcons. This Courte
doth therefore desire our honno''ed coinission'^^ would be pleased to take it into
their serioufs consideracbn, and acordingly to psecute the same at the next
meeting of the coinission'''', that so the rest of the coUonies may be pvided for
as wee are & expect to be.

The answer of the Court concerning Sprmgfeild.

Wee thinke it meete that our coinission''% at their next meeting, be mind-
full to presse what arguments and reasons they cann for the revertion of the
last order of the coinission""" concerning Spriiigfeild, and amongst other, these
iu speciall.

*1. That the coiiiission'^'' of Coiiecticutt pduced no pattent, or cxcmpliffi- [*215.]
cation thereof, or any order of their oune Courte for their custome they re-
quii-e of Springfeild.

2. They had no evidence of any forte at all in being at the rivers
mouth, as wee are informed.

3. By a clawse in the comission'''' order, July, 1647, when they first
determined against Springfeild, page 111, they provided that tlie said im-
position should be continewed no longer then the forte in qua3stion was main- Observations
tained, and the passage thereby secured as at that psent ; yett after the said f^jj ^j g^^.
forte was demolished by fire, and no security of the passage provided, the '°'^°°^'^-
comission" confirmed their former order at the last meeting.

Whereas the cotiiission''* for the \ nited Collonyes have thought it but

152 THE RECORDS OF THE COLONY OF

1 1)49. just & aequall that Spriiigfeild, a member of this jurisdiccon, should pay cus-
" " ^ tome, or contribution, to the erecting and maiutaiuiug of Seabrooke forte,
^^' being of no force against an enemy of any considerable strength, (before it
was burnt,) in the coiulssion'''' oune judgment, exprest in theii-e ounc order,
page 109, W^'' determinaco against Springfeild they have also continewed by
an order at their last meeting at Plimmouth, (though the said fort was then
demolished by fire, and the passage not secured,) contrary to a cl;n\-sc in
their order jn-ided on Springfeild s behalfe, pag 111; and forasmuch as tliis
jurisdiccon hath cx])euded many thowsand pounds in erecting and maintaining
seuerall forts, w"'' others (aswell as ourselves) have receaved the bennefitt of,
and have at psent one p'incipall forte, or castle, of good force against an en-
emy of considerable strength, well garrisoned and otheruise furnished w*
sufficyent amunition, besids seuerall other forts and batteries, whereby vessells
and goods of all sorts are secured, —

Itt is therefore ordered by this Courte and the authority thereof, that all
goods belonging, or any ^^■ay aptaining to, any inhabitant of the jurisdic68ns
of Plimouth, Conecticott, or New Haven, that shallbe imported w^'in the
[*216.] castle, or exported *from any pte of the Bay, shall pay such custome as here-
after is expressed, viz. : all skinns of beave'', otter, mouse, or beare, two
Duty to be paid pence p skinn ; and all other goods packt vp in hogsheads or otheruise,
on uis -s ins, ^^^^ shillings p tunne ; meale «& come of all sorts, two pence per bushell ;
biskett, sixe pence p hundred : and it is further ordered, that all such skins
and other goods as shallbe imported or exported, as aforesaid, shallbe dewly
Orde' about entered w**" the audito' gennW, and the custome thereof paid or deposited,
custom for any before any pte of the said goods be either sould, shipt, landed, or otherwise

goods imported

or exported disposed of, vuder the penalty of forfeiting the said goods not so' entered, or

from or to the ., ^ i , i ,■

Vnited CoUo- ^^e dew valew thereot.

"5'^*- And if auv inhabitant of tliis jurisdiccon, or strainger, sluUl buy any of

the fore mentioned goods belonging, or any -s\-ayes aptaining, to any of the
inhabitants of Plimou"", Conecticott, or New Haven, aforesaid, imported to
any other parte of our jurisdiccon, or shall sell or deliuer to any such in-
habitant any other goods in any pte of the Bay, w"'out the Bay, w'''out the
castle, he shall enter the said goods w"' tlie audito'' gennerall, and pay or de-
posite for the same, after the same manner and pportion, and vnder the same
pocnalty, as is pvided for goods, &e, brought w"'in the castle. This order
to take place the first day of the next month.

And the audito'' gennerall is here by appointed and authorized to take
care for the execution of this order in all the pticulers thereof, either by him-
self or by his deputy nr deputies.

THE MASSACHUSETTS BAY IN NEW ENGLAND. 153

Capt Keayne, Cap? Ting, & Capt Hau"'ornc are appointed a coiiiittee to 1 (J 4 [).
joyne w"' some of our honno''ecl magis*^ to consider how to raise & pcurc a "*

. . 3 May.

magazine oi corne. Voted.

*Forasmuch as the !awe of God, Exod: 20: 13, allowes no man to touch [*217.]
the life or limme of any pson except in a judicyall way, bee it hereby ordered ^J'"^l''"|,'''j "''•'''
and decreed, that no pson or psons whatsoeuer that are iniployed about the Edward iiaw-
bodyes of men, woemen, and children for pservation of life or health, as Q^iid, Rob'
phisitians, chirurgians, midwives, or others, shall f>>sume to exercise or i»-eayne, Simon

* ' => ' ' ' ^ . WiUai-d, Rob'

putt forth any act contrary to the kiiowne rules of arte, nor exercise any Cleomcnts,
force, violence, or cruelty vpon or towards the bodyes of any, whether young j^jj.^. ^rouna
or old, — no, not in the most difficult and desperate cases, — w"'out the Order for mid-

_ _ -^ / wives & chirur

advice and consent of such as are skilful! in the same arte, if such may be gians.
had, or at least of the uisest and gravest then f>sent, and consent of the
patient or patients, (if they be mentis compotes,) much lesse contrary to such
advice and consent, vpon such punishment as the nature of the fact may de-
serve ; w* lawe is not intended to discourage any from a lawfull vse of their
skill, but rather to encourage and direct them in the right vse thereof, and to
inhibit and restrayne the ^sumptuous arrogance of such as through p^'aefi-
dence of their oune skill, or any other sinister respects, dare be bould to at-
tempt to exercise any violence- vpon or towards the bodies of young or old,
to the ^iudice or hazard of the life or limme of men, woemen, or children.

On y" 4"' May, 1649, entered i^ passed.

Att the request of M' Samuell Mavericke ffor a review of his cawsc, By botii.
whereby he might either cleere himself or be satisfyed in the evidence for-
fflly pduced against him, his desire was graunted, and the 9"" of this instant
May appointed for hearing him.

Receaved a petition from Newbery ffor the confii-mation of Plum Hand Enirii w" y
to them. Voted, y' y** iland be divided into 5 ptes ; 2 pts to belong to Ips- paid.
wich, 2 pts to belong to Newbe'"y, & one pte to Eowley.

Receaved a petition from Marblehead requesting the power and privi- K"i'd w" y

T 1 f 1 • -II Depu'^, L^ 10^

ledge ot a touneshipp to be graunted to them. paid.

On the petition of Richard Walderne, his excuse for his absenting him-
self from the service of the howse for this session, being very sicke, was
judged sufficyent, & he dischardged.

*Voted, that peage shall still remayne passable from man to man, acord- [*218.]
ing to the lawe in force.

Reed a petition from the inhabitants of Hull, for the encouraging M'' Entered wy
Mathewes to goe to them & preach amongst them. pa'id" ' '

VOL. III. 20

154 THE IIEC0RD3 OF THE UOLONV OF

10 4 9. Kccd a petition from Jonathan Wade, who, for 60" ibrmcrly disbursed

'^ ^ by Tho Wade, of Northampton, for his vse into the country stocke, for the

furtherance of this plantacon, desired land in Phun Hand for it ; w* was

dcnyed by both.

M' Tillcys fine Rccd a petition from AV'" Tillcv, for the abatement of a fine of ftb-\\cr

abated to 40".

By both. pounds, the answer whereof was, tliat w"' the 10* for fees for tlie peticon, all

y° fine should be abated to flbrty shillings.

Entered «•"■ y Eeceavod a petition from seuerall inhabitants of Salcni, fl'or the exchange

paid" ' " of a highway and landing place from the headc of the Basse River to a place

I5y both. called Drap'"s Point. Their request therein was graunted.

John Bournes In answer to the petition of John Bourne, of Salem, for abatmeut or

fine abated to _ ^ ^

40'. ]emittment of his fine of fi^'c pounds, for selling strong waters w"'out licence,

By both. Qj-^ jjjj^ ingenuous acknouledgcment of his offence and harty sorrowe exprest

for it, his fine was abated to forty shillings, so as he pay it w"'iu sixe woekes

from this day.

C'apt Gooking & Capt Prichard appointed a coinittee to drawe vp a lawe

for ^\oemcns dowryes, & psent it to the howse.

A letter from Springfeild to John Johnson, survey o'' geniill, referred to

the consideractin of the coinittee, Capt Ting, Cap? Kcayne, Capt Haiithorne,

M"^ Bradstreete, ^ being about a bridge, rates, & imposts or custome, to

Coriecticott.

Springfield In answer whereto, itt is ordered, that the toune of Springfeild shall be

abated exempted from ordinary country rates ffor the space of sixe yeercs, paying to

the Treasurer for the time being ffiffteene pounds yeerely; and that tcnn

pounds shall be allowed them out of their first yeeres payment towards the

building of the bridges menconed in y' j^etition.

[*219.] *Whereas this Courte hath, for the encouragement of troop''s, ordered,

that their psons and horses should be exempted from conntry rates, and also

that five shillings should be paid them yeerely out of the treasury, and

Troop" 5', pay- becawse it is found burdensome and difficult for such troop's as live remote

ounc tonne's. *° S^^^ ^il^s signed by the auditor and payment of the Treasurer, of the

said yeerely encouragement, itt is therefore ordered, that it shallbe lawfuU foi'

eiiy trooper to discoumpt yeerely the said five shillings out of his country

rate to the counstahlc of the toune where he lives ; provided, he pduces a

noate, vnder the hand of the cheife coiiiaunder of the troopc, that he is

furnished, acording to order, w"' horse & amies ; and the Treasurer shall dis-

compt of the said counstablcs rates w'soeuer he shall pay acording to this order.

Entered «-"■ ye Reed a petition from the inhabitants of C'harles Toune, for the Courts

Depu", & 10> .

paid. explanacon of their former graunt to ^M'' Majdicw, as then agent to M"

THE MASSACHUSETTS BAY IN NEW ENGLAND. I55

Cradocke, and rcstrayning the liberty that farmc taks w"' their catkvto trcs- 1 (I 4 *.).
passe on Charles Touno comons. '^ '

In answer to which pcticon, the Court being satisfyed w"' the evidence ^^swer to
of Lcf Sprauge & Tho Lyne, then dcpu'" of the Courte, that the comon Charles Toune

^ ° •> ' '■ petition.

graunted then to !Misticke Farme, by order of Conrte, was meerely for
pvention of their trespassing on Charles Toune bounds, thinks meete to
allow the said farme coinon for ffifteene head of catle on the backside of
Misticke Farme, so long as the said land of Charles Toune, lying on the
backside of Misticke Farme, lye in coinon, & no longer.

In answer to the petition of AV'" Broune, ffor two hundred ac"'^ dew for Answe' to W"
twenty five pounds putt into the joynct stocke by M"^' Ann Harvey, his aunt, petition,
from whom he made it appeare to the Court he had sufhcyent deputacon to
require it, his request was graunted ; viz., 200 ac" of land to be layd out to
him w"^out the west lyne of Sudbury, by Capt Simon Willard & Seargcant
Wheeler.

M' Nowell, Capt Kcayne, & C'apt Ting are ajipointed a coiiiittee to take Comittoe to
the Treasurers accompt, as also the auditor gennells accompt bctweene this accompt.
aud the next session of this Courte, making their retourne thereto.

On f 5'" May, 1649.

John Beale, at his request, was dismist from attending the service of the 5 May
house till the G"' day of the next wecke.

Capt Willard dismist till 2'^ day next.

Left AValker dismist till 2'' day next.

*Receaved a peticon from George Carr, ffor the setling the fferry at [*220.]
Salisbury wholv on himselfc. f""'''?"'7*

Deputies, & 10*
In answer thereto, the Courte conceaves it meete, and graunts that the engaged for.

petitioner, Georg Carr, shall have the vsc of Eamm Hand so long as he doth cZ?peVtioT

or shall dilligently attend & serve the country in keeping of the ferry on ferry be-
tween Newbu-
betweene Salisbury and Newbery, and liberty is graunted him, as occacbn ry and Salis-

shall p>sent, to fetch any passengers fi-om Newbery side, and M' CofFyn hath ™^'

liberty to fetch any passengers from Salsbury side, as occaeon shallbe, that so

the country may be surely served.

Receaved a peticon from M" Elizabeth Cole, wyddow, w"'^ was admitted Ans'toM™

to be read in forma pauperis : the answere thereof was, that although Elizabeth

Cole have binn often answered by former Courts, and that course hath binn

taken to make hir cancelled deed valid, yett in regard it was long after hir

brother was gonne from hence, and also much disabled to give hir satislacoon

had he binn heere, the Courte thinks meete to declare, that if shee hath

156 THE RECORDS OF THE COLONY OP

receaved any damage, the Courte is innocent, time being given hir to make
hir just plea at the time when it was cancelled.

Lef* W™ Torrey, at his request, was dismist till the 2'' day next, at one
of the clocke.

6 May, 1649.

6 May. Seuerall questions, ppounded by the major geunerall, touching his office, to

Queries on mil- ^j^^g ^OUrt.

itary duty.

1. First, whether it be a transgression of order to spend 1, 2, or 3 of
theisc daycs menconed in the coiTiission, in fortiffication, and to discipHne their
men that way.

Ans. The Courte conccaves the 8 daycs exercise is to be spent in the
exercise of amies, w-'' dayes are few enough for that purpose, so many being
taken of for gennerall trayniiigs, but leave it to the wisdome of the majo'
genncrall to improove his company 1 or 2 dayes about fortiffication in Boston
only.

2. Who is the councell I must repaire to for power to issew out warrants
for the calling of two regiments together ?

Ans. The councell of the coiuon wealth.

3. What shallbe accompted sufficyent publishing the lawes made in time
of warr.

Ans. In the head of the army then gathered together in the feild.
r*221.1 *'^' Whether these may not be for explanacon incerted into the coiSission

for the major gennerall.

Ans. The Courte judgeth it not necessary.

Majo'^ Rob' Sedjuke, for his absenting himself from the service of this
bowse this session, was fined five pounds.

7"* Mai/, 1649.

7 May. The Courte was called, and all jpisent excepting Majo'^ Sedjuke.

Ent'ed w"- y« Rec* a petition from Tho Gayner about the manner of disposall of the

payd. Rest re- goods of the shipp Plainter.

' _,, , The answere thereof was, that the Courte judged it meete that there

Ans' to Tha ' •> °

Gayn" peti- shouldbe a coppy of the records truely transcribed, and (the petitioner paying

By both. ^^^® officer for it) be deliuered him, and that the goods not inventoried shall,

vpon dew proofe, be deliuered him ; & Cap' Keayne & Cap' Ting are ap-
pointed to examine the records transcribed.

Entered w" y Receaved a petition from Henry Walton conce''ing some powder of his

Dep", & 10. p seazed on as forfeited.

W» Phillips

cng,agcd for. The answer thereto was, that, he having bound himself to psecute the

THE MASSACHUSETTS BAY IN NEW ENGLAND. I57

law at the next Quarter Courte, the Court judged it not meete to take y^ 1(J40.
cawse out of the Quarter Court, where he may have justice. "" ' ''

Itt was vnanimously agreed, & voted, that two hundred pounds should be / '''
given to the infant of oiu- late lionuored GoQno'", John Wiuthroii, Esq"^, out of to. £200.
the next country le^y.

Cap' Ting & Cap' Prichard are appointed a coinitee to drawe vp an order M' BeiUngh",
about the 200" guift, that it may be putt in a secure way for the childs vse, comittee! '
making report to the howse of what they shall doe.

Cap' Prichard & Lef Johnson are appointed a coinittee to drawe vp an
order about the counstables power where no magis' is to inlpo^^■er them to ex-
ecute the lawe on drunkards & such as drinke excessively.

Voted, that the Howse of Depu'' should be dissolved into a coiliittee, or
comittees, for the answering of petitions on y« morrow, at one of the clocke.

Cap' Keayne & James Penn, Cap' Hauthorne & M"" Bartholmew, M''
VVillowby and Cap' Willard, & Lef Pike are appointed a coinittee to consider
of a way & drawe vp a lawe ffor dividing y" shieres, & treasury in each shier,
bringing all Courts to an sequality for power & noumber, y' what maybe y*
country be eased, & the p>ludice of the negative vote ^vented.

*0n a 2'' motion of M"' Carr, the Courte judgeth it meete that the fferry r*222.1
remaynes as now it is till the next Courte at Salisbury, against w* time expe- 2d answer to
rience & sufficyent reasons may so appeare to the next Salisbury Courte as pel;°tk)n on fcr-
Avhereby they may judge and determine of the setling and disposing thereof, "^y-
either to one, the whole, or to both, as it is, or they shall judge may best tend
to the ease of the country, to M'hom this Courte conferrs power to determine
and order acordingly.

In answer to the petitions of Edward Bendall : To the 1 about the Indian So judged to be
squaw, he is referred to the comission" of the Vnited Collonyes at their next ^"'
meting. ,

To the 2'!, for a pattent for impving his pject to dive in a tubb, the Court
thinks not meete to graunt it.

For the 3, a remedy against stealing wharfage, the C'oui-t judgeth that the
law hath sufEcicntly pvided in such cases.

S May, 1649.

In answer to a petitionary letter of Randall Holden to come in pson into s May.
this jurisdiccon to act his oune necessary affaires, &d.

The Courte, in pvsing his letter, sees no reason nor argument to moove
the Courte to take of their just censure formerly inflicted on him ; nor doe
they see any ^judice that may acrew to him, he being at liberty to impve any

158

THE RECORDS OF THE COLONY OF

1G49.

"Weymoutli &
Dorchester
high way.

[*223.]
Y*" way from

attorney for himself, who may expect all dew justice amongst vs, as any of oiu'
oune jurisdiccbn.

Whereas LeP Torrey was, the last session of the Gennerall Courte, im-
ployed as clarke to the Howse of Depu'% to frame their bills and transcribe
the orders of Courte that past the last yere fairely into their booke of records,
w'='* he hath donne, the Courte judgeth it meete to alio we him iFower pounds
out of the next country levy, vf"^ comes from the toune of Weimouth, as a
recompencc for his paines.

The retourne of Tho Holbrooke, Henry Kingman, & Nathaniell Addams,
of Weimouth, & Stephen Kingly & Samuell Basse, of Braintree, as coinittee
appointed by order of the Gennerall Courte fFor the laying out of the countiy
highway betwene Weimouth & Dorchester, w"^ the Courte appved of & con-
firmed to be recorded acording to their agreement in the Court records.

*Itt is ordered, that the country high way from Weimouth to Dorchester
shall lye the ^sent wonted high way from Weimouth to Braintree meeting
howse, fower rods wide ; and whereas at the said meeting howse the said way
cannot conveniently be had at one end thereof, that therefore the said way
to runne there two rods at one end and two lods at the other end thereof, and
then to fall to fower rods againe, at a marked stumpe a litle beyond the said
meeting howse, and so that breadth to a stumpe of a tree nere Henry Neales
howse, and thence to be carryed the said breadth to the lott called Hudsons
lott, rectifying the way W'' no^v' is, by taking it of through seuerall nookcs, as
it is markt, and through the said Hudsons lott the same breadth to the hill,
going doune towards the brooke, and thence till tenn poles beyond the brooke,
six rods wyde, and then to lye ffower rods wyde vnto Dorchester bounds, as it
is markt by seuerall markcs for that purpose.

9 May.
Entred w* y«
Depu", & 2" 6«
eng''.

9 May, 1649.

Receaved a petition from John Palmer, of Eowley, for the Couiis con-
firmacon of a sale of certaine lands sould to him by Rich Duiiier, w* belonged
to M' Nelson. In answere thereto, the Courte judgeth it meet that first, and
before any pceedings be had herein, M"" Duiiier make it appcare that he had
full & legall authority to make such sale.

Att the request of M"^ W" Pinchon, y" Depu'^ consented w"^ the Magis''
for his dismission from the the further attending on the services of this Coui-te.

In ans-wer to the pctlcon of the inhabitants of Hull, concerning M'
Mathcwes, the 15"' day of this instant was appointed for a publicke hearing
of the case, w"^"" was attended in the meeting howse. The Depu'% considering
of what they had heard in the case, voted, 1. That they would not enquier

THE MASSACHUSETTS BAY IN NEW ENGLAND. 159

into the matters of chardge or answers, as respecting error coiicu'' M"
Mathews.

'2. Notw'^stancling this vote, the house, by vote, judged it meete lo con-
sider whether M' Mathewes, in respect of inconvenient and weake exfssions,
was not worthy of some censure.

3. The whole Courte agreed by vote, that M' JIathewes shoukl not re-
tourne to Hull, nor reside w"" them.

*Voted, That wee will pceed no farther at pscnt w'*' ]M'' Mathewes then [*:;*;^4.]
to an adnionicon.

The Courte, for seuerall consideracons, judge it not meete at p>sent to di- M' Mutiiewos
late all the pticuler chardges and ans" of M"" Mathewes, yett, notw"'standing,
doe declare that they finde seuerall erroneous expssions, others weake, incon-
venient, and vnsafe ex^ssions, for whicli they judge it meete to order, that
the said M"" INIathewes should be admonished by the GoQuo'' in the name of
the Courte.

Receaved a peticou of Joshua Fisher, of Dedliam, desiring to be ffrced
from y' custom on wync.

In answer thereto, he was referred to the comittee ffor composicons, y' so
he might have a full answer.

M'^ Joseph Hill, Left Sprauge, Tho Lyne, & Frauncis Smith, as a coiiiit- Order for away

■,...,. c T ■ ^ 1-1 f -r> T • ^'" liP'l'ling to

tee, bringing in their retourne or a high Avay laid out by them from Eedding -wmnisemet.
to Winisemett, information was given that this was lesse behoofefull to y"'
country then the form'^ ; wherevpon the Courte, considering y' it is and willbe
of great concernement to the publicke that the best high wayes be layd out
from touiie to toune for publicke vse, w"''' concernes posterity aswell as our-
selves, and that no private interest should hinder it, have ordered, that M""
Cleoments, John Osgood, and Frauncis Smith, as a comittee, shall have poA^cr
to lay out the most convenient way for a country roade betweene Eedding and
Wuinisemett.

In answer to the petition of the inhabitants of Sudbury for the enlarge- 2 miles aded
ment of their bounds westwards, their request is graunted, and two miles is bounds.""^*
graunted to them westward to their line, so as it piudice not the right of
W" Broune in his 200 ac" graunted to him.

Receaved a peticon from Nathaniell Boulter & Rich Swaync ftbr the re- Entred ^v^ y«
mittment of his fine for non appearance. The Courte, considering it hath not ^^'''
binn vsuall to take forfeitures in such kind for non appearaunce in time, oi- not
so furnished as the law requires in such case, W^'' tlie petitioner ^vas ignorant
of, have graunted his request, &' remitted his fine.

''In answer to the petition of Solomon Francho, the Jew, who requested [*225.]

IGO

THE KECORDS OF THE COLONY OF

i(;49.

fFactorage or salarie out of y" cargo of ImanucU Perada, consigned to the majo'
genull, "Edward Gibbons, Es^, being by him intrusted and imployed therein ;
on veiweing & hearing what he could say, the Courte couki not find any cleere
ground vpo w'''' factorage shouki be dew or allowed him by y" majo"' gennii
out of the estate of the princi]5les, no estate of Emanuell Peradas being ex-
taut ; but the Court doth allow the said Solomon I'ranco sixe shillings p
weekc out of the treasury for tciui wcckes, for his subsistauce, till he caun gett
liis passage into Holland, so as he doe it w"'in that time.

10 May.

Ent'd w" y»
Depu", & 10»

Salisbury.

400 ac" of land
gi''' to Jona
Wade.

Entred w"' y
Depu", & 10"

ThO Moulton
rcfeid to y«
Q'<e' Couit.

10 May, 1649.

Receaved a petition from the inhabitants of the new toune at Salisbury,
fFor exemption from rates to the ministry at the old toune, that so they may be
enabled to encourage one to bestow his labors in a ministeriall way amongst
them.

Voted, that the peticouers should be free from rates to the ministry at
the old toune, vnlesse the old toune contribute pportionally to their estates
to the maintenance of a preacher to them, when & whiles they have one.

The Magis'-'' dissented from this vote, & referred the consideracon of this
peticbn to the next session of this Courte.

In answer to the petition of Jonathan Wade ffor land, as his form' pe-
tition desired on the same termes, ffowcr hundred ac" of land is graunted to
him where he shall find it vndisposod of, & and so as the land found by him
be not judged by this Courte pjudicyall to any toune or plantacon already
made, or to be made.

Receaved a petition from Thomas Moulton, fFor the remitting his fine of
five pounds imposed on him by the last Quarter Courte ; fFor answer whereto,
he was referred to the next Quarter Courte, & the rather bee there are other
petitions addressed only to the Magis*", w"" w<''> this have necessary dependance
one of another.

In answer to a case j)pounded for the cxposicoa of a doubtful clawse in
one of the printed orders fibr absenting, &^, on y* Lords day, —

QuDESt. Whether where the law saith that, after dew meanes of convic-
tion vsed, he shall forfeite for eQy offence 5', be to be vnderstood legall con-
viction or otheruise.

Voted, That it is to be vnderstood legall conviction.

The Coiu-te doth order, that the surveyo"" gennll shallbe allowed, out
of the next country rate, tcnn pounds, as a recompence for his fower yeeres

[*226.]

*Iu answer to the petition of the toune of Newbery, ffbr the confirmacon

THE MASSACHUSETTS BAY IN NEW ENGLAND. ]fil

of their inillitaiy officers, they having not observed the Courts oi-der in the 1 (! 4 9.
eleccon of their officers, the Court cannot allowe of their choyce, but graunt "" '^ "^
the petitioners liberty to proceed to a new eleccon, acording to order of ^^^, ^^ ^.^'^^
Courte, and to ©sent the names of those whom thcv shall so elect to the '''^'y petition

about millilary

County Courte, at Salem or Ipsuich, to be confirmed. offices.

In ans'' to the petition of Cap' Tho Wiggin & Edward Rawson, the
Courte judgeth it mcete theu- accompt be accepted, and they dischardged;
and that INI'' Eawson be allowed out of the estate of the said Walderne, for Cap' vviggin
his paines in «&: about the matter of this petition, fTorty shillings, and Cap' aiowance for
Wvggin thirty shillings : & that the estate of the said W™ Walderne, cou- <^'""'^''^""
sisting of lands, howses, & catle, are hereby appointed to be & remayne in ='*"'"' ^^'"

AValdcriis

the hands of Hate Evill Nutter & John Hall, of Dover, to dispose of as they estate.
judge may best tend to the impvement of the estate, & to be ready to be
accomptable when the Courte shall thinke mcete to call for it, ffor y'= satis-
faccSn of the creditors.

Att the request of the tounc of Braintree, Capt W™ Ting, Sam Basse,
& Stephen Kingsly are appointed to end sniale cawses there ffi^r this yeere,
acording to lawc.

Forasmuch as our late honnored Goiiu'', John AVintluop, EscJ>, vpon his Disposaii of y
death bed did exfsse his tender desires towards his wife and youngest child, ease Joshua
that if the country did tliinke nieete to bestowe any thing on him for his ^ '"' '™'' ^^

•^ *' ^ before he come

service donne, that it should be to the said child, and remayne in the hands to 21 yeeres.
of his wife, for its educacbn, and the stocke ^served intire for the childs vse,
and forasmuch as the Courte hath not pvided for the disposing of the estate
in case the child should dye, the Courte conceaving it just, and acordingly
orders, y' in case the infant dyes before it attayne the age of twenty & one
yeeres, the one thii-d pte should acrew to the wyddow of our late honnored
GoQnor, and the other two third parts, one third to !M'' Deane Winthrop, &
the other to M"" Samuell Winthrop, they, as yett, having had no portions out
of the GoQns estate, nor like to have.

In answer to the petition of Elizabeth Faircfeeld, liberty is graunted for E. ^'airfield

has leave with

hii- husband, hirself, & their children to depart out of this jurisdiccon vnto her husband to
such other parts of the world as it shall please God to dispose ; provided, that ^^'i
hir husband shallbe vnder his former censure if he rctourne hither againe.

*In answer to the petition of Charles Saunders, ffor men to be appointed [*227.]
to apprize the tackling and other goods in & belonging to his shipp, that was ^' S"""'^"*^-
blowne vp, that so a certifficate maybe made to give satisiaccou to his ounors,
in England or elswhere, his request was graunted ; and ^lathew Chase &
Arthur Gill are appointed for that service.

VOL. in. 21

THE KECOEDS OF THE COLONY OF

In answer to the letter of John Smith, who writes himself gcniill
asistant for the toune of Waruicke, excusing themselves of any wrong donne
by them to the Indians; there being no accusacbns pved against the in-
habitants of Warwicke, the Courte finds they have nothing to chardge them
w*, and if any thing afterwards appcares, the Court will referr it to the
coiiiission'''', at their meeting in y'' 7 m.

11 May.

Comittee about
pouder.

Misticke
nnmcd Maul-
den.
Maiden.

M' Hills gratu-
ity.

Allowance of a
barrell of pou-
der to y Gou-
no" funerall.

Entered '
Ucpu", &
paid.

[*228.J

12 May.
MilUt.ary

//'" May, 1649.

Capt W" Hauthorne & M"^ Emanuell Douning are appointed Associats
for the County Courte at Salem for the yeere ensewing.

Cap? Eob' Bridges, Cap? Kob' Keayne, & Cap' W™ Ting are appointed
as a close comittee to consider w"' the sm-veyo"" gennerall what the store
of ponders is, and what neede of repaire, making reporte to the Courte what
is meete to be donne in renewing the countryes store.

In answer to the pcticon of seull inhabitants of Sllsticke side, their
request is gvaunted, viz., to be a distinct toune of themselves, & the name
thereof to be Maulden.

M'' Joseph Hill is graunted, as a gratuity, tenn pounds, to be paid him
out of the treasury, for liis paines about the printed lawes.

AVhereas the surveyo'' gennerall, on some encouragements, lent one
barrell & a halfe of the countrj-es store of pouder to the millitary officers
of Boston, conditionally, if the Gennerall Courte did not allowe it to them as
a guift, to spend at the funerall of our late honnored Goiino'', they should
repay it. The pouder being spent on y" occacfin abovesald, the Courte thinkes
meete that the pouder so deliuered should neuer be required againe, & thank-
fully acknouledge Bostons great worthy dew love & respects to the late
honnored GoQnor w'^'^ they manifested in solemnizing his funerall, whom wee
accompted worthy of all honnor.

In answer to the peticttn of M'' Thomas Gainer, the Courte thinkes it
meete to graunt that he shall have a coppy of the records truely transcribed,
he paing the officer for it, and that the goods not inventoried may, vpon dew
pfFe, be deliuered him ; & Cap? Keayn & Cap? Ting are appointed to examine
the records transcribed.

*12 May, 1649.
There being many shipps in the harbor, and diuerse of them straingers,
the Court judgeth meete to order, that a millitary watch be forthuith
appointed in Boston & Charles Townc, to contincw till any fowcr magis"
shall see cawsc to alter it

THE MASSACHUSETTS BAY IN NEW ENGLAND. 163

Whereas the surueyo' gennerall, on y"= encoui-agement of an order of the 1 G 4 9.

Quarter Court, dehuered a barrell of pouder to Majo"" Rofet Sedjuke, & ' ^' '

another to Majo' Edward Gibbous, conditionally, that if the gennerall did po„.jeibOT.
not allow thereof, they should or would pay the worth thereof, or two such ™»etl-
barrells of good pouder to him againe, the Courte being acquainted heereu"", poJaer to be
considering the countryes sniales store of pouder, saw no reason to approove 5*"""^ ^°^ ^^°™-

'■ ^ Majo" Gibbons

thereof, but ordered, that the surveyo' gennerall should call on the said gent & Sedjuke.
for the repaying thereof, acording to their pmise.

IS May, 1649.

On a moc8n of the surveyo'' gennerall, that the barrell of pouder in the 13 May.
yeere 1640 or 1641 deliuered to Edward Rawson for the toune of Newbe^y,
being impved ptly to seueral psons, imployed on the publicke service of the
country about the Indian designes, by virtue of warrants from the couucell Kdward Raw-
and orders of this Courte, & the rest sould and wasted, might be determined ig di'schardgd
by this Courte to be satisfved for, the Courte iudges it meete that Edwai-d ^"'' "" '"'"■" °^

•' J ' JO powder.

Rawson should only satisfy the su'^veyo"' geniiU five pounds for the barrell, &
the towne of Newbe^ & himself is heereby dischardged therefrom.

The Courte, howeuer it hath binn & is loath to discou''age such as are
in au^ority in the seuerall regiments, as majo''s, who are the p'"inciple officers
in that respect, & rather for jPsent choose to allow the majo'^ geniill and i^barrelUof
ISIajo"' Sedjuke the two barrells of pouder w''' at their last meeting was de- remitted to y
liuered to them, & lent only then to require it of them againe, yett judgeth it '""•l"''^-
meete to declare that it is not safe, nor will they henceforth countenance any
psons whatsoeuer to lend to any pson ought of the countryes store that an
order of this Gennerall Courte doth not appve of or require.

*14 May, 1649. [*229.]

Seuerall ans" to sen" quaeries ppounded by the coiiiission" to y" it May.

Geniill Courte.

1. In answer to the first pposicon, What should be donne in case sixe
of the commission" of the Vnited Collonyes agree not whethe"^ the matter
should be determined by three Gennerall Courts or by foure.

Answ''. To this wee answer, that this Courte will consider farther of
this pposicon.

2. In answer to the 2'' pposicon, about the Dutch laying imposicon vpon
marchants.

Ans. To this wee answer, the Dutch go9n% as wee are informed, hath

164

THE RECOimS OF THE COLONY OF

AnsW to y"
C'omission"
quserj'es.

taken of all imposicon layd vpon marchants there, w'^'', if he sliall continew,
wee conceave there needs no pvicon for our oune indempiiitie.

3. In answer to the 3'' pposicon, that the INIassatusetts & Conecticutt
should agree vpon some sequall way for the ruiiing of the Massatusetts lyne.

Ans. Itt appeares in the booke of the ac*' of y coinissione'"^ ffol :
yt ]y/[r Fenwicke should joyne w"> vs in ruiiing that sou"* line to decide the
quaest about Woronoco, &S ; but IM'' Fenwicke failed to send in any to joyne
w'" vs ; wherevpon wee did it at our oune chardge ; and Woronoco was there-
vpon ordered by the coiviission'-'' to the IMassatusetts ; but we shall be ready
to joyne w"' our brethcren of Conecticott in a new survey so as they will be
at the whole chardge in this, as woe were in the other, and shall pduce their
patent as wee have donne.

4. In answer to tlie quos'' about the pbate of wills & graunting of lette"
of administracon.

Ans. W(?e agree & fully assent to the desire of the comission'-% pvided
that the seuerall Genuerall Cou'"ts of the rest of the collonies consent there-
vnto, and make orders acordingly.

5. To the fifth pposicon, of allowing two gunnes vnto two Indians, w">
two pounds of poude' and sixe pounds of shott.

Ans^ The Coiu-te, confiding vpon Mr. Elliots good assurance of the
ffaithfullnes of those Indians, doe graunt it, w"' those limitations ppounded
by the comission^\

15 May.

[*230.]

Time of Nor-

folke Courts.

Itt is ordered, that the exccutlone'' Thomas Bell shall be exempted from
watchings.

*15 Mai/, 1640.

Att the request of the county of Norfolke, itt is ordered, that the constant
dayes for keeping their County Courts from henceforth for Salisbeiy, from
yeere to yeere, shall beginne the second Tuesday in Aprill, & at Hampton,
yeerely, the first third day in October ; & for this yeere Eichard Bellinghm, Es^*,
& M"^ Samuell Simonds shall kecpe Courts there, w"* Capt Thomas "Wiggln,
M' Samuell Dudley, & M'' Eobt Cleomen" as associats to joyne w*'' them.
Comittce for ^I"" Bellingham, INI'' Nowe", M" Joseph Hill, & Edward Eawson are ap-

ings left by the pointed a coiiiittee to examine the publickc writings receaved from the former
Goum'. GoQno'', & put them in order fittingly ; & they are to doe it w"'in 5 weekes.

Ans' to M' Bel- In answer to the peticon of Rich Bellinghm, Esq!, & Rich Duiiier,

Dum'Tpeti- executors to INI'' Th" Nelson, itt is ordered that M"^ Richard Duiiier shall
*'°"- give accompt to M" Rich Saltonstall & M"^ Sain Simonds vpon oath, and

they to certify the same to the next adjornement of this Court, that the

THE MASSACHUSETTS BAY IN NEW ENGLAND. 165

said Mr. Dumer may have his dischaidgc as agent, or attorney, & so himself 1 G 4 9.
& the other executo'' may enter vpon the estate of the said M' Nelson, & " ^ '
dispose of the same as execute" in beha"' of M" Nelson, wyddow, & hir
children, & the children of M" Nelson by a former wife.

16 May, 1649.

Vppon a request made to this Coiirte by the executo'' of X'°i>her Young, l'' May.
of Wenham, deceased, concerning the disposing of his children, -w'^, by his g^^u ^j ^lopr
Mill, were to be sent into England, the Coiu-te, in answer therevnto, judgeth Jo^^S^ f^^-
it nieete to order that, by reason ]\P John Phillips, vnto whom the boy was
to be sent, hath shewed his dislike thereof, and vnwillingness to entertaiue
him, that the execute" have hereby power, and are au*'^orized, to place him
forth heere in this country, so as, in their- vnde''staiKling, may best conduce to
the good of the child ; and for the two daughters that were to be sent ouer to
England to JSP^ Elvin, that they be continewed heere vntill the execu'o"
send to 'M" Elvin what was desired by the said X'°pher Younge in sending
his two daughters to hir, vf'^ if, vpon hir answer, she manifest hir accept-
ance of them, the two daughters to be sent by the fii-st optunity ; but, if shee
refuse it, then the execute" are to place them forth as may seeme best to
them, and may conduce to the good of the childien.

*In answer to the peticon of M' Rob' Saltonstall for his land, the Courte [*231.]
conceaves that the peticoner shoidd first finde out & ppound to the Courte the
place where he may have Iiis quantity of land already graunted to him, and,
if w"* convcuiency it may be donn, the Courte will be ready to confirme it.

To y'= S*" pte of his petition, conce''ing the right of the pattentees, the
Courte leaves it to the consideracon of the next session of this Courte.

To the 3d pte of liis peticon, for a hearing betweene him & M"^ Selleckc, Ans' to M'
the Courte graunts him a hearing in y" case betweene him & M' Sellecke, to ^j^^jj^ petition
be the next session of this Coui-te, pvided he putt in good security to the
valew of 50", to satisfy & dischardg the expences of the Courte, & costs &
damages of the defendant, if, vpon hearing, the case shall be adjudged ag"'
him, the petitioner.

In ans'' to the petition of ^I' W'" Gerrish, the Clourte grants his petition WGerrish,
in manner following : 1. That Ifourteene pounds & tenn shillings be abated, ""'''^ answer
in regard of losses of catle, out of the hundred & ffiffty pounds dew to the
child.

2. That the remainder of the hundred & fllfty pounds be ^sently sett Ans'toM'Ger
out and paid to the vse of the child, in the dwelling howse that John Oliuer j|^„ '"* '"'""
lately duolt in, at Newbe''y, together w"" the lands that now aptaines there-

166 THE RECORDS OF THE COLOXY OF

vnto ; & if this howse & land, w"" the apurtenaimces, shall not reach to dis-
chardge the some, then to he suplyed out of the estate of M"^ Gerish, in catle or
otheruise, and that the Courte appolnte meete men to make the apprisall. There
was one dwelling house, bai-ne, & cowhowse, purchased by M"^ Gerish of INI''
Louies, Av"» other lands therevnto aded, w* are intended herew*'' to be ap-
prized.

3. That the child should stand to the advance or losse of the valew of
John Oliuer his howse & lands, acording to former order.

4. That the howses & lands being ap'^ized, the Courte may authorize M'
Gerrish, John Saund''s, & M' Edward "Woodman, or such of them as they
thinke meete, to be intrusted w"' the estate of the child, & to sell or lett out
the howses & land as they shall judge most to conduce to the benefitt of the
child, giving this Courte an accompt of their pceedings herein, when they
shall be called therevnto.

5. That M"^ Gerrish shall have competent alowance from the j)ffitts of the
estate of the child, for his education & maintenance, to be determined by the
Courte.

This Courte doth authorize John Saunders, Eichard Knight, & ^I"" Green-
leafe to prize the said howses & land, w* w''' was John Oliuers his estate, and
what other shall be tendered for the daughter of the said John Oliuer hir por-
tion, & to make retourne of the apprizement to the next sessions of the Gen-
nerall Couite, & then to determine what allowance to be made for the childs
[*232.] educacon & maintenance ; & if the said howses *and lands shall be sould by
those three men appointed by order of Courte, then to be determined by the
Genn""all Courte, who shall keepc the said portion, & when to be paid the
child.

M' Mauerickes To the honnored Geimerall Courte, now assembled in Boston.

2^ petition.

May it please yow :

Whereas I have binn formerly chardged w"' conspiracy & perjury, w"^"",
to my vnderstanding, hath not binn sufficyently pved agt me, tho the Coui-te,
vpon the evidences brought against me, sentenced and fined me 150'', & hav-
ing searched the records, cannot yett see sufficyent evidence to {)ve the chardges
against me, w* mooved me to petition this honnored Courte for a review of
my cawse ; yett I desire the Court to vnderstand me, so as if I accoumpted
myself altogether free of error, but have cawse rather to suspect and judge
myself and accons then your justice and j)ceedings ; and being confident and
experimentally assured of yo"' clemency to others in the like kind, I am bokl
rather to crave vo'' mcrcv in the fiworablc remittance of mv fines then to stand

THE MASSACHUSETTS BAY IN NEW ENGLAND. 167

either to justify myself or pceedings, w'^'', as they have (contrary to my intcii-
cbus) prooved pjudicyall and very ofFencive, so it hath binn, is, & willbc, my
greife and trouble. I shall not trouble yow w*'' arguments respecting myself
& family, though the burden lyes heavy in that respect ; the only motive lies
in yo' oune breasts, yo"' wonted charity, w'^'' will render yow to the world nier-
cifull, and refresh and fully satisfy yo"' humble petitioner, who doth rcraaine
Your humble servant,

SAMUELL MAUERIC.KE.
The Depu'* have consented in full.

Answer to this petition: That ^P Mauericke should have one hundred Ucpuovote
pounds of his fine abated him. W"' reference to the consent of our lionno'ed
Magis'" he>-eto, E. R.

The Magis'^, having seriously considered of the contents of this petition,
cannot finde that the petitioner hath so farr acknouledged liiraself guilty of his
offence for w'^'' he was fined, as doth give them such satisfaccon as might
moove them to take of any parte of his fine ; and the Magis'% having binu
occaconed dilligently to survey the records in that case, cannot but justify
the Courte in their former pceedings, & therefore cannot consent w"" our
brethren, the Depu'% in their retourne to this petition. J. E., GoQ"''.

Itt is ordered, that the servants of Hugh Gullison shall be allowed twenty
shillings out of the treasury, for their attendance on the Courte.

Itt is ordered, y' y servants of W™ Phillipps shall have the like some
for the like service.

*Itt is ordered by this Courte, that all appeales, lawfully obtayned, are to [*233.]
be accompted in the nature of a writt of error, and therevpon all farther proceed- ^"^^^ *''°"'

appeales.

ings to judgement and execution shall be suspended, and the partye appealing
shall breifely, in writing, vnder his or his attornyes hand, give to some one of
the judges, from whom he did appeale, the ground and reasons of his appeale,
sixe dayes before the beginning of that Courte to w'='^ he did appeale.

Itt is ordered, that it shall not be in the liberty of any toune or pson to Peage not pay-
pay peage to the country rate, nor shall the ireasurer accept thereof from Treasurer.
time to time.

Itt is ordered, that the Courte of Asistants shall take cognizance of no w> acCons are
cawse or action triable in any County Courte, vnlesse it be by way of appeale, Q„^^^.^l „" ^
and that no debt or action, pper to the cognizance of any one magistrate, or Asistants.
of any tkree coiiiissioners for try all of cases vndcr forty shillings, shall be force till after
cntertayned by any County Courte, or Courte of Asistants, but only by '!"' "''''' ^'^'
appeale from such magistrate or co-iiiissioncrs as aforesaid.

168

THE RECORDS OP THE COLONY OF

1G49.

paire y< prison.

PcEnalty for

asking magis"
counsell.

Troop's 3' pay-
able in their
ouae tounes.

[*235.]

Order that

Btopt the West

ludy ships al

the Castle rc-

pcld.

Order on ship-

Itt is ordered, that whosoeuer in this jurisdiccon shall disburse mony or
other acceijtable pay for the repairing of the prison at Boston shallbe repayed
out of their next country rate, w"' allowance of two shillings in the pound ';
and John Johnson and James Peim are heercby authorized to give receipts to
all such psons as shall so disburse, and to take care to iniproove the said
disbursements for the speedy repaire of the prison.

*Forasmuch as it found inconvenient and very burdensome to the magis-
trates, that many psons have recourse to them for advice and counsell in cases
w'^'' are afterwards like to come to their cognizance m a legall way, itt is
therefore heereby ordered, that after one months publication heereof, it shall
not be lawfuU for any pson to aske counsell or advice of any magistrate in
any case wherein afterwards he shallbe a plaintiife, vnder pocnalty of being
disinablcd to psecute any such accon that he hath so ppounded, or taken
advice in, as aforesaid, at the next Courte where the case shall come to tryall,
being pleaded by way of bai-r either by the defendant or any in his behalfe,
in w"^"" case the said plaintlffe shall pay full costs to the defendant ; and if any
defendant aske counsell or advice as aforesaid, he shall forfeite tenn shillings
for euery offence.

Whereas this Courte, for the incouragement of troopers, hath ordered,
that their psons and horses should be exempted from country rates, and also
that ffive shillings should be paid them yeerely out of the treasury, and
because it is found burdensome and difficult for such troopers as live remote
to gett bills signed by the auditor and payment of the Treasurer of the
said yeerely incouragement, itt is the''fore ordered, that it shallbe lawfull for
euery trooper to discoumpt yeerely out of his country rate to the counstable
of the toune where he lives the said five shillings ; pvidcd, he pduceth a
noate, vnder the hand of the cheife commaunder of the troope, that he is
furnished, according to order, w"^ horse & amies ; and the Treasurer shall
discoumpt of the said counstables rates w'soeuer he shall pay, acording to
this order.

*The Courte doth thinke meete, that the order concerning the stopping
of the West India shipps at the Castle should hereby be repealed, seiug it
hath pleased God to stopp the sicknes there.

The Courte, taking into serious consideracon the inconveniency that may
fullowc to the publlcj, by the exportacbn of mares, doe therefore order, that
no pson or psons whatsocuer shall, after the publication hereof, exporte or
convey any marc or marcs, young or old, out of this ju)-isdict^n, vpou tlie
forfeiture thereof, or the valcw thereof; one halfe to the informer, and the
other mojty to the publickc. And to the end that this lawe may be dewly

THE MASSACHUSETTS BAY IN NEW ENGLAND. 1G9

executed, bee it further ordered by the authority aforesaid, that no comaunder 1 G 4 0.
of any shipp or barke shall, after publication aforesaid, receave on board his ^ '

vessell or shipp any other horses or gueldings but such as shallbe entered p^^^^^ f^^.^.^^,
into a booke, w"' the coulour, pticuler markes, age as neere as maybe knoAven, porting marea

& horses out of

and pson of whom the horse was last bought, and proofe, by witnes or oath, yjurisdicco.

that he was the true owner thereof, to be kept by Edward Bendall, of Boston,

and by the clarkes of the writts in all other tounes, whom the Com-te heereby

authorizeth to view all such as shallbe shipped. And for euery horse so

entered there shallbe paid to the said Edward Bendall and other officers as

aforesaid by them sixfe pence ; and what euer coinaunder or master of any

shipp who shall take aboard any other except such as he shall receave a note

vnder the hand of the said Edward Bendall, or the said clarkes of the writts

as above authorized, and entered as aforesaid, shall for such offence forfeite

the some of forty shillings to the informer, and to the Treasurer forty

shillings.

*Itt is ordered, that two hundred pounds shallbe paid out of the best [*236.]
of the pay of the next country levye, to the surveyo'" gennerall, for the 200" graunted

.- ./ ./ u ^g renew y

purchasing of pouder for the countryes store ; but in case that should fall oountryes store
shorte, that warrants issew out from this Courte to rayse two huncbed pounds
for that end ; and the surveyo' gennerall and James Penn are intreated to
treate w* some of the marchants for the pciu-ing of so much pouder as
amounteth to two hundred pounds.

Itt is ordered by this Courte and the authority thereof, that the select Provicon for a
men of euery toune w'*'iu this jurisdiccon shall, before the twenty fowerth pouter.
of June, w'^'^ shallbe in the yeere sixteene hundred and ffifty, provide for
euery fiffty souldiers in each toune a barrell of good pouder, one hundred
and fiffty weight of muskett bulletts, a quarter of a hundred of match, and
certify vnder their hands before that time to the surveyo"^ gennerall, that they
are so pvided, vnder the pocnalty of five pounds for the want of eQy bai-rell
of pouder, 150" of bulletts, ^ C of match, as before ; and the said select men
are heereby authorized by this Courte to assesse the inhabitants for making
this pvicon, w"^ shall remayne as a toune stockc ouer and besides all other
pvicons.

Forasmuch as the printed lawe concernmg dowries, vpond second veiwe Widow's dow-
aud examlnacon, appeares not so convenient as was formerly conceaved in euery
pticuler thereof, itt is therefore hereby ordered, that the clawse towards the
latter end of that order, that gives a wife a third ptc of liir husbands mony,
goods, and chattells, reall and psonall, after hir husl)auds decease, shall hence-
forth be rei^caled and become voyd, and the rest *of the said order to be, and [*237.]

VOL. III. 22

170

THE RECOKDS OF THE COLONY OF

1649.

16 May.
Order con ceil-
ing do>Yryes.

Drunkards
punishable.

[*2B8\]

Counstables
powe'.

remajTie in full force and virtue; and it is hereby declared and ordered, that
these words in the fowerteenth line of that order, viz., then by an act of con-
sent of such wife, be vnderstood, in case it be donne by writing, vnder hir hand,
and acknouledged before some magistrate to be hir voluntary and free acte,
and so attested by him, w'='', being certifyed, shallbe a full baire to such wo-
man for euer clayming any right,- title, or interest to any such estate ; and it is
further ordered, that where any husband dyes intestate, the County Courte of
that jurisdiccon where the pty deceased had his last residence shall have
power to assigne to the wyddowe such a parte of his psonall estate as they shall
conceave just and aequall ; as also to divide and assigne to the children, or
other helres, their seuerall parts and porcons out of the said estate.

Itt is ordered by this Couite, that if any pson be found druncken, by
day or night, or shall in his di'unckenesse offer any abuse to the counstables or
others, by strikeing or reviling of him or them, or vsing any indeavor, by him-
self or others, to make an escape, itt shallbe in the power of the counstable to
coinitt such pson or psons to safe keeping or imprisonment, or take bond for his
appeai-aunce, as he shall see cawse, and that the keeper of the prison shall re-
ceave all such as shallbe so comitted, and to take but twelve pence for his fees
till he be sober, and then to informe the next magistrate thereof ; and in case
no magistrate be in toune, the counstable shall carry him before one or more
of the three men appointed to end smale causes, *and where no three men are,
then to carry him before any one or more of the select men in that toune, who
have heereby power given him or them to doe as any magistrate may doe in
the like case, if they were ^sent ; provided, that if any delincLuent shall con-
fesse his fault, and pay his fine and other chardges, the counstable shall receave
his fine, and dismisse the offender ; and any pson hereby authorized to receave
the fines as abovesaid shall forthw"" make ^sent retourne to the clai'ke of the
County Courte, where the offence is coiuitted, of what he hath donne and re-
ceaved, to the end it may be recorded. The like power in the absence of a
magistrate, counstables shall have to pceede w"" swearers, and ciusers, and vn-
seasonable tiplers, and company keepers.

The Courte is adjourned to the 17"^ of the 8 iii, at 8 of the clocke in the
morning.

THE MASSACHUSETTS BAY IN NEW ENGLAND.

IVl

Alt a second Session of the Gennerall Courtc of Eleccon, held at 1G49.
Boston, the 17th of October, 1649. i7 October.

[*•238^]

AJOR DANIELL DENNISON was chosen Speaker for this session.
James Peun and W" Parkes were chosen stewards for this session.

18: 8 Mo: 49.
The reporte of the freeinens answer by the Depu" to our honnored Magis'^

letter and pposicons.
Honnored Gen"men : —

Had yoAV expected from vs an answer to your pposicbn, made to vs the
latter end of the last session, wee should have endeavored to have made such
a retourne as might have testifyed that honorable esteeme wee have of your
psons and labor; but yow, being pleased to make your addresses to the free-
men, (w"* to much reflection vppon the Depu*^,) of whom yow expect an an-
swer this session, have deprived vs of that optunntye to expresse our dew re-
spects wee should have binn ready to have testifyed towards yow, being alto-
gether bound to retourne not our owne, but the minds of the freemen, which
vppon reporte of the seuerall depute wee find to be in gennerall full of respect
and acknowledgement of debt and engagement to yow for your service and
imployment, the recompence whereof, w'^^ readily they confesse not to be suit-
able to their desires, yett they conceave in some measure pporconable to their
condicbn, and accordingly the major pte doe expresse themselves at ^sent to
decline any engagement of farther charge vnto themselves.

Yett, notw*''standing, out of oui- dew respects to yourselves, w* a tender
respect to the welfare of the country, wee are bold to desii-e and conceave it
may tend much to the glory of God, peace, and welfare of the country, if yow
would please to wave your resolution in your letter exprest, w"^*" will be ac-
cep'al and comfortable to all.

*Itt is ordered, that Salisbury shallbe, and heereby is, accompted by this
Com-te the shier toune for the county of Norfolke, till this Courte shall take
further order thereabouts.

Itt is ordered, that the Treasiuer doe forthw*'' pay and satisfy M' John
Allen one hundred and thirty pounds, in the best and soonest pay that comes
into the treasury out of this levye, for his hundred pounds he pajd M'
Winslow.

Itt is ordered, that Capt Robert Bridges joyne w"' M'^ Simonds, to re-
ceave M"' Dummers accompt of M"^ Nelsons estate left in his hand by letter of
attorney, being M"^ Saltonstall cannot attend it in regard of his voyadge to
England.

[*238=.]

Salisbury y«
shier toune for
Norfolk.

Repaj-m' of
lOOU to M' Al-

M' Simonds &
Cap' Bridges

receave M'
Dum" accompt
of M' Nelsons
estate.

172

THE RECORDS OF THE COLONY OF

1649. Itt is ordered, that Edward Beudall, the officer appointed to gather and

' ' '~' rcceave the custonie of all goods imported into our jurisdiccon from Plimouth,

Edward Ben- Conecticott, and Newhavcn, or exported from any pte hence thither, for his dew

dall, customer, and better encom-agemeut to see to the execution of that order, shall have one

fowerth pte of such customes for one yeere, for a recompence for his paynes

therein ; and heereby he is and shallbe impowred to call any ajd or assistance

for the pformance thereof, as the officer to rcceave the custome of wynes is.

Custom's oath, Whereas yow, Edward Bendall, arc chosen customer for the yeere en-

Dep" alone, 22 sewing, yow doe here sweare by the everlivinge God, that yow will, from time

8™, 49. J.Q time, faithfully execute your office, to your best abillity, acording to the

order for customers of all such goods as are imported or exported, belonging

to Plimouth, Conecticott, or Newhaven, and to give in a trew accompt to the

audjto' gennerall w-''in three months, from time to time. So help yow God.

[*239.] *Itt is ordered, that the prizes for all sorts of grajne for this yeare, out

Y« prize of each of any of w'''' the inhabitants of this jurisdiccon may satisfy the countiy

grajne payable

to y country levye, shaLlbe, wheate, five shillings ; baly, five shillings and sixe pence ; pease

levye.

Poenalty for
not timely
pring wills, &c

and rye, fibwer shillings p bushell ; Indjan corne at three shillings p bushell.
Whereas itt is found by often experjence that some men dying and mak-
ing wills, the sajd wills ai-e concealed, and not prooved and recorded, and
others dying intestate, no admiuistracon is sought for nor graunted, and yett
in either case the wives, childi'en, kindred, or freinds of the deceased, or some
other, doe enter vppon the lands and possesse themselves of the goods of the
sajd deceased, and the same are many times sold or wasted before any creditor,
to whom the sajd deceased owed mony, cann tell of whom to demand and
how to recouer his just debts ; for redresse, therefore, of such vnjust and
fraudulent dealings, itt is hereby ordered and enacted, that if any nominated
executors, knowing thereof, shall not at the next Courte of that county, which
shallbe above thirty dayes after the decease of the ptyes, after the publication
of this order, make probate of any will heretofore made by any deceased ptye,
or shall not cawse the same to be recorded by the recorder of the county
where the deceased ptye last dwelt, or shall not w'l'in the same time take ad-
ministracon (if none hath binn akeady graunted) of such goods as he hath,
or shall medle w"^all of any ptye formerly deceased, or if any pson or psons
shall hereafter aljen or immbezell any lands or goods before they have prooved
and recorded the will of the deceased, or taken administracon, and brought in
a true inventoiy of all the knoune lands, goods, and debts of any pson, euery
such pson shall respectively be liable to be sued, and shall be bound to pay all

THE MASSACHUSETTS BAY IN NEW ENGLAND. 173

such debts as the deceased ptye owed, whither the estate of the deceased ptye 1 G 4 9.
were sufficient to dischardge the same or not, and shall also forfeite to the coinon
weale so many somes of five pounds *as shall happen to be moneths betweene
the next Coiute, as aforesaid, of that jurisdiccbn, after time of the death of the
deceased ptje and the prooving of such -will, or the talcing of such administracbn.
And if any ptje shall renounce his executorshipp, or that none of the kindred
or freinds of the deceased pson, who shall dye intestate, shall seeke for admin-
istracbn of such psons estate, then this Courte orders and enacts, that the clarke
of the writts of such toune where any such pson shall dye, shall, w'Mn one
moneth after his decease, give notice to the next courte of that county to which
such toune doth belong, of such renouncing of executorshipp, or not seeking
for administracbn, that so the Courte may take such order therein as they shall
thinke meeie, who shall also allowe such clarke dew recompence for his pajnes ;
and if any such clarke shall faile heerein, he shall forfeite twenty shilHngs for
euery moneth of his so fayling, till he shall have fulfilled the same.

Itt is ordered by this Courte and the authority thereof, that the Courte Dayes appoint
dayes for the county of Midlesex shall, from time to time, be the first third county Court
day of the second moneth and the first third day of the eight moneth. ™ Midiesexe.

The Coiu-te, finding by experience the great benefitt that doth redound to days.
the country by putting of the lawes into printe, doe judge it very requisite Acomitteeto

p'epare the

that those lawes also that have past the consent of the Gennerall Courte since lawes for the

the booke of lawes were printed should be forthw"" coiriitted to the presse, P"^^^^""

and therefore have appointed Richai-d Bellingham, Esq>, M' Increase Nowell,

M"^ Nathaniell Duncan, Capt Eob' Keajne, and M"" Joseph Hill, or any three of

them, a coinittee to pvse and prepare them, w"^ those lawes also referred to in

the end of the printed lawes, w"' a suitable table, making their retourne to the

next Courte of Eleccbn, that they may be printed. r*241.1

*Itt is ordered by this Courte, that euery victualler, ordjnary keeper, or Enjoymng or-
tavemer shall alwayes, after the first of March next, be provided of good ^^^^ whole-
and wholesome beere for the entertainement of straingers, who, for want ^°™^ ^^^"^^ ™"

•' J o ' ' (jgj. ptEnalty.

thereof, are necessitated to much necdlesse expences in wine ; and what euer
ordjnary keeper, victualler, or tavernor shall not, fi-om time to time, be pvid-
ed of such good and wholesome beere for the entertajnment of straingers, and
for the prevention of other needlesse expences, they shall forfeite for the first
offence fforty shillings, and for the second they shall forfeite their licenses.

Coppy of a let-
ter write fro the

Ilonnored and beloved Bretheren : — Genn" Court to

Plimouth for

Wee have heard heeretofore of diuerse Annabaptists, arisen vp in your p'venting y

groweth of er-

jm-isdiccbn, and connived at ; but being but few, wee well hoped that it might rors.

174 THE RECORDS OF THE COLONY OF

1 G 4 9. liave pleased God, by the endeavo''s of yourselves and the faithfull elders w"'
' ' ' josr, to have reduced such erring men againe into the right way. But now,
to our great greife, wee are credibly informed that your patient bearing w*
such men hath pduced another effect, namely, the multiplying and encreasing
of the same errors, and wee feare maybe of other errors also, if timely care be
not taken to suppresse the same. Perticulerly wee vnderstand that w"'in
this few weekes there have binn at Sea Cuncke thirteene or fowerteene psons
rebaptized, (a swifte progresse in one toune ;) yett wee heare not of any effect-
uall restriccbn is entended thereabouts. Lett it not, wee pray yow, seeme
f>sumption in vs to minde yow heereof, nor that wee earnestly intreate yow to
take care aswell of the suppressing of errors, as of the majntenance of truth,
God fequally requiring the pformance of both at the hands of Christian
magistrats, but rather that yow will consider our interest is concerned therein.
The infeccon of such diseases, being so neere vs, are likely to spread into our
jurisdiccbn : tunc tua res agitur pai-ies cum proximus ardet. Wee are vnited
by confoedaracy, by faith, by neighbourhood, by ffellowship in our sufferings as
exiles, and by other Christian bonds, and wee hope neither Sathan nor any of his
instruments shall, by theis or any other errors, disvnite vs, and that wee shall
neuer have cawse to repent vs of oiur so neeve conjunction w"" yow, but that
wee shall both so sequally and zealously vphold all the truths of God revealed,
that wee may render a comfortable accompt to Him that to Him that hath sett
vs in our places, and betrusted vs w*'' the keeping of both tables, of w**"
well hoping, wee cease your farther trouble, and rest,

Your very loving Freinds & Bretheren.

[*242.] *Att the request of the toune of Woobourne, Lef Edward Johnsons coin-

Left. Johnsons ission to marry such there as are legally published, is enlardged ffor one yeere.
marry, &c. "^Vhereas, diners yeeres since, W°^ Wilson, who was but the marshalls

Deputy mar- deputy, did coSonly make a deputy to serve attachments, executions, Sz6,
ma^e vaUd.^^ there being no lawe then against it, but either connived at or not taken notice
of by the Courte, which may occacon much trouble and dispu's in the seuerall
Courts concernmg the legallity of such proceeding in case of complainte
thereof by any pson, itt is therefore heereby ordered, that all summons,
attachments, executions, levying of fynes, &S, pformed by such pson so
deputed before the lawe that j>hibits the marshalls deputy to make a deputy,
shallbe valid and good, as if the marshall or his deputy had donne the same,
where the proceedings in other respects hath binn legall and just.
Jurors equally Whereas, vpon informacbn given to this Courte by those tounes remote

chosen. ^.^^ Boston, and other tounes where Courts are kept, that no respect hath

THE MASSACHUSETTS BAY IN NEW ENGLAND. 175

biiiii had to the noumber of psons inhabiting in each toune in the issewing 1649.
out of ^-arrants for jurymen to serve at Courts, whereby some tonnes are eased " '^ '
and others are burdened, for the prevention whereof, itt is ordered, that from Dh-eccons to'
hencefor"^, the clarke or secretary of each Courte w'Mn this jurisdiccon shall, in ^^^ ^"'' '°

ease all townes

all their warrants for jurymen, have respect vnto the noumber of the inhabit- pporconably in
ants of each toune, and accordingly shall issew out their warrants, that all Jjj"^'' " ^^^^'
occacbns of complaints in this kind maybe remooved. And itt is farther Boston, two
ordered, that whereas there hath binn ffower Quarter Courts held at Boston held in.
in euery yeere, that from henceforth there shallbe but two only, viz., that in
the first moneth and that in the seuenth month, and the order that enjoynes
fewer Quarter Courts in a yeere is in that respect repealed ; provided, it be
and is in the power of the Goilno'', or, in default of the Gofln'', the Deputy
Gouerno', to call a Courte for the triall of any pson in capitall cases, that so
justice be not deferred nor the country chardged.

*The Courte, well weighing that, by Gods blessing, this country and the r*24:3.1
occacbns thereof much to multiply and encrease, and that the multiplicacon Secretary
of choyce of officers on the eleccon day may quickly growe to such a noumber court.
as may proove to burdensome to be attended to, doe therefore order, that it be ^Jhoyce of

_ . sectary.

comended to the seuerall tounes consideracon, whether the secretary were not
better to be left to the Gennerall Courts choyce, whose honnor is princippally
concerned therein, then to be chosen, as formerly, by the people ; howeuer, that
they would rcferr it to the next Courte of Eleccon, to the Gennerall Courte
for the next yeere, and so on tryall for that yeere, which if they approove
not of, they may reassume the eleccon thereof to themselves if they please.

Itt is ordered, that when euer any such case comes to be tryed at the
Gennerall Courte, that the verdict of the jury hath binn refused, that such
case shallbe determined by the major vote of the Gennerall Courte mett, and
hearing the case together.

In ans"" to the petition of Sampson Lane, for a day of hearing the case Sampson Lane
depending betwene him and Richard Cutts, the Magis'^ not accepting the
juryes verdict, a hearing was graunted him, to be on the 19"* of this instant
October, at one of the clocke in the afternoone.

19 October, 1649.

Att the time appointed, M"' Lane and ^M"" Cutts appeared, and after their
seuerall pleadings were fully heard, and their evidences by the Courte weighed,
itt was determined by the Courte to proceede to issew the case on these quaes-
tions, which were agreed vppon to be voted accordingly.

Qufest. 1. Whether the Virginia voyage shallbe chardged by M'' Cutts

& Ricy Cutis

170 THE RECORDS OP THE COLONY OF

1649. vppon M^ Lanes accompt, notw"'standing M"' Cutts transacted it in his oune
^^ 1^ ' name.

Ans'. Resolved vpon the qusestion, that it shoukl not.
[*2-l:-±.] 2 Quasst. *'W"hether the ffishing voyage shallbe chardged vpon M'

Lanes accompt.

2 Ans^ Resolved vpon that qua^stion, that it should.

3 Quaest. Whether one halfe of the chardges for building at Stra^ybery
Bancke, and for the howsehold stufFe bought by M" Cutts, and deliucred to
M"^ Lane, should be chardged on his accompt.

3 Ans"". Resolved vpon that qujestion, that it should.

M'' Samuell Mavericke, M' Nicolas Davison, and M'^ Thomas Lake are
by the Courte, and w"" consent of the ptyes, chosen and appointed commis-
sion" to regulate, auditt, and finally to determine all the accompts from the
begiiiing of the world to this day betwixt M"" Sampson Lane and M"" Richard
Cutts, which said commissioners, or the major parte of them, shall have
power to give oath, examine wittnesses, graunt judgment, observing therein
the severall votes of this Courte passed this day in the case ; and the sajd
comissioners are hereby enjoyned to issew the same before the last day of the
eleventh month next coming, and forthw"' to deliuer a transcript of their
judgement to the secretary, vnder theii' hands, or the hands of some two
of them, that so it maybe recorded, and execution therevpon graunted.

Yow doe heere sweare by the euerliviug God, that in the accompts
betweene ]M'' Lane and INI' Cutts, which the Courte hath coiiiitted to your
trust, that yow will, acording to your best light and skill, pvse, regulate, audit,
and finally determine, w"^out respect of psons or favor of any man. So help
yow God.

Ans' to Red- In answer to a petition from the toune of Redding, ffor a comission from

gs pe 1 ion. |.j^j^ Courte to lay out their lyne, itt was referred to the consideracon of the

next Gennerall Courte, and in the meane time Linn to have notice thereof,

that if they see cawse they may attend the Court thereabouts.

[*24:5.] *In answer to the petition of Left W" Gerrish, of Newbery, requesting

Ans' to Lcf ^jjjjj. jjp j^^^y have the estate of Mary Oliuer as it is vallewed and apprized by

W-Gcrishhis . ff J

)>ctition. those appointed by this Courte, the Courte doth graunt that the said W""

Gerrish shall have the said IMajy Oliuers estate as it is apprized, giving in
good security w* his ounc to pay the said Mary Oliuer one hundred thirty
and five pounds tcnn shillings in come or ca'le, at currant prize, at the
age of fowertecne yeeres, and, in the meane time, educate, maintaine, & bring
vp the said Mary, acording to the vse of such an estate & qualHty of the
child, at his ounc proppcr costs & chardges.

W™ Gerrish to
educate M. 01

THE MASSACIIUSKrrS BAY IN NEW EN(;LANI). 177

Forasmuch as the orderly choyce of Assistants yoercly is of grciit con- 1 (541).

cernment, and w"'all care and circumspection to be attended, itt is therefore '^

ordered by this Courte and the authority thereof, that the counstablos of each ^^^^^ ^^^ ^,„ '^^_

tounc w"'in this jui-isdiccbn shall call together their freemen some day in the '''-''■'>• & ><?reiy

choyce of As-

last wecke of the nynth moneth, yoercly, to give in their votes in distinct sistauts.
papers for such psons, being freemen and resident w'-'in this jurisdiccon,
aswcU the magists in pbciit being as others, as they desire to have chosen
Asistants at the next Courte of Eleccon, not exceeding the nouniber of twenty ;
and that no freeman shall putt in above one vote for one pson, vnder the
penalty of tenn pounds for euery offence ; and the said freemen so niett, or
the major pte of them, shall then and there appointe one to carry their votes,
scaled vp, to their shier tounes, vpon the last fowerth day of the wceke in the
first montb following, at twelve a clocke, from time to time, which psons foi-
each toune so assembled *shall appointe one coinissioner for each shiere to [*2-16.]
carry them to Boston the second third day of the second month, there to be
opened in the p'"nce of one or two magists, (if they be in toune ;) if otherwise,
by those ptyes that brought thcni ; and those t\\'cnty that have most votes
shallbe the men (and they only) ^\'^''^ shall be nominated at the Courte of
Eleccon for Assistants as aforesaid ; and the comissioners of each shier shall
forthw"" signify to the counstables of their seucrall tounes w^'in their shier, in
writing, vnder their hands, the names of those twenty ; all w"^^'' the coun-
stable shall forthw"" signify to their freemen ; and as any have more votes
then other, so shall they be nominated for eleccon, except such of theirc
twenty who have binn magis'-' the yeere before, who shall have ^cedeucy of
all others in nominacon on the day of eleccon ; and if any pson betrusted in
this order shall faile in the discharging their trust, they shall forfeite tenn
pounds ; and the printed law for eleccon, page twenty one, bearing date 1647,
is hereby repealed.

In ans"" to the petioon of John Dajnc Ifor the selling tlie bowse and Dajnesans'.
lands of "W"" Chiindler (whose wyddow he marryed, & children Inoiight \pj
on him, the said John Dajne, his request was graunted, & y'' said bowse and
lands confirmed on him by this Courte.

In answer to the petlcon of M'' Eob' Saltonstall, the Court doth graunt Ai*s' to Kubt
him liberty to sue and recouer Avhat he cann legally proove to be his. tViion"^ " *'"^'

*In ans'' to the petition of Margarett Stoniard, of lloxbury, H'or power [*247.]
& liberty to sell the howse and lands of John Stoniard, hir late husband, hir Ans' to Marg"

1 , 1 , „ I . , . » . Stonvards pe-

request was graunted by both, iSc admitted m torma pauperis. tition.

Whereas a bookc hath binn ^sented to the Courte, intituled a I'latforme
of Church Discipline, gathered out of the Word of God, &<?, being the result

VOL. III. 2.3

178

THE RECORDS OF THE COLONY OF

1649. of what the synod did In their assembly in the yere 1647 at Cambridge,

"■ ^' "^ for their conslderacon and acceptance, the Court judgeth It meete to coiiiend

A book ^^ *° ^^^ judlcyous and pious conslderacon of the seuerall churches ■w"'in

Church Disci- thIs iiuisdiccon, desii'ing a retourne from them at the next Genne''ll Com-te

pliue.forthc .....

- hou farr it is suitable to their judgments and appbacon, before the Courte
pceeds any farther therein.

M" Rawson, having resigned vp his five hundred ac''^ of land, formerly
graunted him In pte of recompcnce of his damage sustayned about salt peeter,
the Court judgeth it meete to allowe him thirty pounds, in full satisfaccbn ;
whereof the five pounds formerly graunted is to be accompted a pte.

nation.

Courts letter to
M' Winslow.

[*248.]

Yow may please to take notice that yours, sent by M'' Allen, was coiiiuni-
cated vnto vs, wherein wee doe observe yo'' dlUIgence and care in your imploy-
ment ; notw"'standing the successe hath not yett crouncd your labors (though
in a hopcfull way) of issew, (as you doe write,) wee doc, w"' all thankfulues,
acknowledge, not only your readlnes at first to serve vs, but also your indefat-
igable continuance therein since your being there ; but now, taking Into serious
conslderacon, not only your long absence from your f;\mily, w'^'' wee feare may-
be to great a burden, as also the weighty affaires of that state in this juncture
of time W^'' renders them in some measure vncapable of attending your de.sires
for the bennefitt of this plantacou, together w*'' the sence of our oune ^sent
chardge and inabllliti *to accoiiiodate yow w"^ suitable and comfortable allow-
ance in your service, and therefore have thought meete hereby to intimate to
yow our desires of youre retourne home, by some convenient shipping, this next
sommer ; yett shall wee hope, by Gods assistance, faithfully dischardge and

Contradicens :
Edward Raw-
son, Robt
Keajne, Ed-
ward Johnson,

Edw: Jackson, satisfy INP Allen or any other from whom yow have receaved any monyes in
our behalf. So, desiring the Lords gracious ^sence to accompany yow in
all yo'' occacons, and retourne yow in safety to vs and your family, wee for
Psent take leave, and remajnc,

S^ Bv both.

In answer to the petition of Left W™ Howard ffor his chardges in
attending this fsent Courte, in the case betweene him and Edwaid Colcord,

who apjieared not, —

For going to Salisbury for y'^^ records, 3 dayes.
For the records coppying out

00 06 00
00 06 06

THE MASSACHUSETTS BAY IN NEW ENGLAND. I79

For his attendance, ffower ilayes, 00 08 00 1 G 4 9.

For 4)curing W°' English his oath, & time of drawing it, 00 02 06 ^^ '

19 October.

All w''^, being twenty three shillings, was allowed him. By botli.

The Howse of Dcjiiityes, having heard Major Rob' Sedjuks excuse for his
absenting himself from the last session of this Courte, voted, that they accepted
thereof, & therfor remitted him his fine of five pounds, w'''' last session was
imposed on him. \'oted.

A list of the seuerall heads vnder w'='' ai-e placed the scQall papers of greater The conUttees
or lesser publicke or private vse of such writings as were left in hon- " th™^didin
norcd M"^ Winthrops study. pvsing hon-

nored M' Win-

No. 1. Auncyent writings of the first adventurers, w"^ some other mat- ^^°v'^ ^""^

ings.
ters. Papers of the

No. 3. Seuerall writings concer the commission--^ of the Vnited Col- wLtop""
lonjes.

No. 2. Seuerall writings from & conccf Bermuda & y'^ Sommer
Hands.

No. 4. Writings from & concer Conecticutt and Newhaven.

No. 5. Writings about Douer and Piscataquake.

No. 6. Writings from and concerning the Dutch.

No. 7. AVritings concerning Gorton and Road Hand.

No. 8. Writings concer the iron workes.

No. 9. Writings concer and from Ligonia.

No. 10. Writings from and concer M-" Pinchon.

No. 11. Writings from and concer Plimouth.

No. 12. Writings from and concer the Swedes.
*No. 13. Writings from M^ Winslow. [*249.]

No. 14. Writings from and concer the French.

No. 15. Diners petitions and other writings.

No. 16. Diners wast papers of smale consequence.

All which, as marked, arc deliuered, in a pillowby, sealed vp, to the sec'-
tary, w* a coppy of the printed lawes, testimonyes, and orders of Courte, and
seuerall letters of M"" Weld, & other accompts deliuered to the audito'' gciill.

This retourne of the coiiiittee was accepted of, w"' acknoMlcdgm' of
thankes for their pajnes. By both.

For the prevention suspitions and jealousies, and that a^quall justice may

180 THE EECORDS OP THE COLONY OF

1 G 4 9. be (lonne to all men, and a finall issew jiut to all cases that shall come before
this Courte, itt is ordered, that all such cases as shall be brought before this
Courte by petition, for review of any case tryed ia any other Courte, or by
order of this Courte, as in the case of the judges and juryes disagreement,
shallbe determined by the major vote of the Courte mett together, and all
cases that shallbe brought before this Courte, by way of complainte of vnjust
or vnajquall proceedings in any other Courte, shall be determined by the major
pte of the Deputies only, ^'oted.

Deputies to Itt is Ordered, that on the last "Wendsday in April next, by fewer of the

clo^kc in the afternoone, there shallbe a meeting of the seuerall deputyes, or
other messengers of the seuerall tounes in this jurisdiccon, at Salem, then and
there to consult about and prepare eleccons, and what els they thinke meete, that
tends to the welfare of the countrye at the next Genncrall Courte. "^^oted.

Twiec donne. Itt is Ordered, that Cap' Rob' Bridges joyne w"' JM"^ Simonds to receave

j\P Dummers accompt of jNI"' Nelsons estate, left in his hands by letter of at-
torney, by reason IsV Saltonstall cannot attend it in regard of his voyadge to
England. By both.

In answer to a petition of Valentine Hill, for 300 acres at Lamprell
Riuer.
[*2o0.] *In answer to a peticon of the toune of Newbery flbr the conflrmacbn of

Plum Hand wholy to them, the Courte couceaves it not meet to graunt it to
them alone, but doe hereby give and graunt Plum Hand and the inheritance
thereof to Ipsuich, Newbery, and Rowley, viz., Ipswich to have 2 pts thereof,
Newbery 2 pts thereof, and Rouley one pte thereof. By both.

Capt W'" Hauthorn, Capt Kcajne, Capt Gooking, Cajn Ting, and Cap".
Pritchard are appointed a coiiiittee to advize w"* the Magis** of such a -vway to
aocoiiiodate them as may be to the country and their satisfaccon if it may bo,
making their retourne to the howse. Voted.

Ralph Wood- I'^ answer to the petition of the toune of Hingham, Ralph Woodward

wards comis- jj.^f]-^ coiuission graunted him to marry such as are legally published there, till
next Gennerall Courte. By both.

Auditors rec- In ans' to the petition of Left Duncan, audito'' gcnnll, flbr allowance of

ompcnce about ,-, • , -, _ ,. , . . ... , _ ..

ret custome of '""'^J pouuds p auuu tor his pajncs in taking vp the customc ot wynes since
wynes. jj j^^th bimi left to him, the Court thinks meete to graunt him thirty pounds

in all as a recompence for his paynes thereabouts. By both.

Chardscs of j° I'* i* ordered, that the Treasurer pay, or cawse to be jiajd, the some of

prisons repaia- j]jj,.)-y (^yg pounds ffouerteene shillings and two pence to John Johnson, sur-

vcyo"' genii, or James Pcnn, who are engaged for the payment of so much to

the workemen that wrought at the prison, and this to be pajd out of the first

THE MASSACHUSETTS BAY IN NEW ENGLAND. 181

come that is collected of the levy now clew, and because they are engaged to 1 (5 4 i).
pay thirteene pounds tenu shillings in mony. The Treasurer is desii'cd either " ^

o J ^19 October.

to disburse the mony, or dcliuer vnto them so much of the best sorte of corne
as may pcure so much mony, that so they maybe enabled to satisfy their en-
gagements for the country.

*In ans' to a petition of the inhabitants of Dedham ffor a parcell of vp- [*251.]
land and meadow adjoyning to their line to make a villadge of, in quantity 4 Dedham vii-
miles south and north, and three miles east and west, becawse they are
streightned at their doores by other tounes & rocky lands, &S. Their request
is graunted, so as they erect a distinct village therevpon w"'in one ycerc from
this day, Octo'' 23, 1649 ; & Cap? Kcajne, M'' Edward Jackson, & the sur-
veyo"^ gennerall are aiipointcd to lay it out at any time, Dedham giving them
a weekes warning. By both.

Itt is ordered, and heereby declai-ed, that what agreement or contract S-reyor Gcn»
soeuer the surveyo"" genne''ll, John Johnson, and James Penn shall make w"^ coiiiission aw
any marchant for the jjcuring of pouder to the valew of two hundred pounds, v°^'^^^-
the Gennell Court shall & will make it good in all pticulers.

The inhabitants of a toune within this jurisdiccon, at their first setting a tounes qua^R-
doune, did gennerally agree to sett apte a certaine pcell of land to y'= valew
of about 20 ac''s, lying betwixt y" salt marish and the lowe water marke, for
the vse of the whole toune, to be improoved ffor thatching howses, the want
whereof is very pjudicyall to the toune, since w""^ time this honnored Gen-
nerall Courte, by an order of theires, have made all lands to low water marke
to belong to the pprito"'^ of the land adjoyning therevnto. The aforesaid
inhabitants, not being able to resolve themselves, humbly desire the resolution
of this honnored Gennerall Courte, whether the order of Courte make voyd
the feeding toune order.

In ans' to the tounes quaery, the resolucon of the Courte is, that the
Courte order doth not disaiiull the order of the towne preceding it. By both.

In ans"^ to y"" petition of Samuell Plummer, fFerryman, of Newbery, ffor Ferrj-man of

Newbery rec-

encouragment to attend the fferry there, to take two pence p passenger for ompence for
their transportacbn, the Courte graunts him power so to doe. By both. traniportacon.

In ans' to y® peticon of Eaph Koote, and Sarah, his daughter, ffor liberty Ralph Root.
& power from this Courte to confirme a bargaine & sale of a howse & land in
Reading, given to the said Sarah, being vnder age, to Thomas Taylor, of
Water Toune, to whom they have sold the same, the Courte graunts their
request. By both.

*In ans'^ to the petition of Capt Eofet Keajne, M'' Eichard Brounc, and [*252.]
M' Richard Parker, for the laying out of their seiill porcons of land next to
the villadge graunted to Dedham, —

182

THE RECORD.S OF THE (COLONY OF

1G49.

Mary Oliver,
Courts reply.

Viz., to Rott Kcajuc, one tliousauci seventy & fower ac's ; to Richard
Brounc two hundred ackers, and to Richard Parker ffower hundi'ed thirty
and six ackers, their request was graunted. By both.

In aus'' to the petition of Mary OHuer, of Salcni, ffor Hberty to abide in
this jurisdiccbn, notw^'-'standing the lawe y' enjoynes the sending of husband &
wife, where they be separated each from other, one to another, the Court leaves
hir to the pocnalty of the lawe, vnlesse shee putt in sufficycnt security to
remoove out of this goQment w"^in one month after this date. 24 : 8 A, 1649.
By both.

In ans"^ to a petition of Jer-remiah Clarke, ifor a hearing of the case
bctweene him & Capt John Patridge, of Road Hand, his request was graunted,
& the case to be heard next after Sampson Lanes, v,'"^ on that day was fully
heard, and in fine the Courte gave judgment for the plaintiffe, Jerremiah
Clarke, and allowed his bill of chardges, w'='^ was ffower pounds and sixe
shillings.

22 May.

[*253.]

*Att a Courte of Elemm, held att Boston, the 22"' 3 M% 1650.

Thomas Dudley, Es^, Gouerno''.
John Endecott, Esq), Dep' Gouerno'".

Asistants : Rich Belliughm, Esq>,
Increase Nowell,
Simon Bradstreete,
Samuell Simonds,
W" Hibbyns,
Thomas Flynt,
W'" Pinchon, Gent,
Capt Roht Bridges,
Frauncis AVillowby,
Capt Thomas Wiggin,
Edward Gibbons, Esq>, Major Gennll.

Simon Bradstreete, 1 _ . , ._^^ . , ^ „

TTr„, TT .1 /-. I r Coniission'"' nor the Vnitcd Collonyes.

W" Hauthorne, Gent,j •'

In reserve: Rich Bellinghm,|

John Endecott, | ^'l"^'

Edwai-d Rawson, Secretary.
Rich Russell, Gent, Treasurer.
Deputjes retourned from y" tonnes to serve at this Courte : —
Salem : Capt W'" Hauthorne, M' Henry Bartholmcw.
Charles Toune : !\['' Richard Russell, Left Frauncis Norton.

THE MASSACHUSETTS BAY IN NEW ENGLAND. 183

Dorchester: INP John Gloner, Cap! Humph Athcrton. 16 50.

Boston : M"' Anthony Stoddci-, ]NP Thomas IMarshall. '- y ■"

Koxbury: INP John Johnson, M^W™ Tarkcs. 22 May.

Watcrtounc : M'' Rich Brounc, INI" Ephrainie ChihL

Lynn : M"" Tho Laighton.

Camfc: ]M'^ Jackson, Echv: GofFe.

Ipswich : W John Whiplc, M^ W" Barthohnew.

Newbcry: M' W"> Garish.

Wciniouth : 5P Thomas Dyer.

Hinghm : M"' Bozoone Allen, 'SS} Joshua Hubbard.

Concord : Capt Simon Willard.

Dedham : Capt Eleazer Lusher.

Salisbury : il'" Christopher Batt.

Hampton : Jeoffcry jNIingay.

Rowley : Capt Sebastian Brig ham, ISIathcw Boyes.

Sudbury : M'" Peeter Xoyes, Ensig Edniod Goodenow.

Douer : Left John Baker.

Braintree : Capt W" Ting, Steven Kingsly.

Glocester : Hugh Calkin.

Woobourne: Capt Edw: Johnson.

Wenhani : William Fiske.

Havcrill: jM'' Robt Cleoments.

Redding : Left ^ Walker.

Springfeild : M"" Edw : Holliocke.

Maiden : INP' Joseph Hills.

[In the handwriting of Mr. Rawson to tliis place, then in that of Mr. Torrey.]

25 of May, 1650.

Capt W" Hawthorn was chosen Speaker for this session.
Left W'" Torrey was chosen Clarke for this next yeere.

* William Parkes & Mathew Boyce were chosen stewards for the Howse [*254.]
of Dep"" for this session of Court. Stewards.

Capt Willard is chosen Comptroulor lor this session. Comptroulor.

N consideration of the inconvcnicncy arisinge by the absence of dep'^. Penalty for ab-

rotcd to
tanding

not attendinge that scrvise which they are called %'nto, in respect of be'a sta" °

theire places, it is ordered for this Court, that evcrv deputy that shall not <»''Jf'r " *e

^ ' . 1 J ye.arl669.

answer at the second call shall pay 3' to the howse, & for every bowers

absence afterward G'^ This order to stand in force for this veerc 1650.

Ti • /-t n f • • • • ' Order about

This Court, findmgc great inconvcniencys arisinge by y' clause in the sending of bills
order which pscribs the sccritary & clarks duty & imploym', that appoynts ^^^^^^^ ^^ *'^''

184 THE RECORDS OF THE COLOiNY OF

1G50. Avliat is last past amonge the Deputies should remayne with the Spealvcr till
' ^ ^ the whole Court shall meete together, or a comittee of Magis'* & Deputies, to
cousider of what lawcs & orders haue past, & at the end of the Court deliuer
the same to the secritary, so that the Magistrats caunot tell what is past &
conclud, nor can the secritary giue any true coppies to such as longe wayte to
theire piudice for the same, its therefore ordred by this Court, that notwith-
standinge that clause in the forc3d order, from henceforth the clarke forthwith
from time to time shall send vp such bills as are passed both howses, and
last with them vnto the secritary, & that the secritary likewise send downe
vnto the clarke such bills or orders as are last past amongst the Magistrats,
that he may take notice thereof in his booke. P Curiam.
Older about Whereas many & great miscariages are coiiiitted by saylors, in resept

Sailors not to ^^ theire iriioderate drinkinge of wine, beere, & stronge liquors, to the great
be arrested for clishonour of God & reproach of religion & gouerment heare established,
which also oftimes occasions much piiudice & danimage to the masters &
owners of such shipps & vessells to which they doe belonge, theire men beinge
many times arested for debt so made when theire shipps or other vessells ai-e
ready to set sayle for theire voyge, for pvention whereof, it is ordered by this
Courte and authoritie thereof, that no inkeep, victualer, or other seller of
wine, beere, or stronge liquors shall, after publication heareof, arest, atatch,
or recouer by law any debt or debts so made by any saylor or saylors afore-
mentioned, exce^Jt the master or owner of such shippe or vessell, to whom such
saylor or saylors doe belonge, haue giuen vnder his hand to discharge the
same, any law, custome, or vsage to the contrary in any wise not^^•ithstandinge.
P Curiam.
[*255.] * Whereas we finde by experience that, notwithstandinge any pvision

Jurors recom- formerly made to ^veut charge & trouble with respect vnto Courts called
Jurors paid. vppon slender grounds at the requests of private psons, in which sundry men
are drawne from theire imployments to attend the same, without any consider-
able satisfaction, this Courte, beinge willinge to remoue occasions of complaynt
in this kinde, doe order, that from henceforth in all pticuler & speciall Courts
called vppon the requests of private men, every juror shalbe allowed for theire
attendance on that service fowre shillinges a dayc, to be payde by them vppon
whose motio it is graunted ; pvided, the sd jury men shall beare theire owne
charges in dyct. P Curiam.
Gallowesre- It is ordrcd by this Courte, that the gallowes shalbe taken downe &

njoued to Bos- ., „ ,, , . ■, „ ^ ■, ■ ^ ■

to„_ remoucd irom the place ^^■hcre it now stands, & forthwith in a convenient

place of common, within the pciucts of Boston, shalbe set vp agayne, at the

common cluugc ; which is rcfeied to the select men of the towne of Boston

to appoynt the jjlace. V Curia.

• THE MASSACHUSETTS IJAY IN NEW ENGLAND. IS')

"Whereas it -was ordred in a I'oimcr Court, that some course should be 1G50.
taken for the renewiuge of o"" stockc of powder, w'''^ yet notwithstandinge hath " ' '

I . . 23 May.

not pued efectuall for the ataynm' of o'' desires therein, so that the countryes j,,,;^;^^^ ^^^
store is not so augmented as was then intended, that a more ample supply powder,
thereof may be made, it is ordred by this Court & authoritie thereof, that the
country rates of Roxbury, Dorchester, & Dedham, for this yeare ensuing,
shalbe assigned vnto the surueio'' gencrall, to purchase powder withall the
first oppertunity that is psented.

And for a more easie & speedy effuctingc the order of the Gencrall Court
the last yeare, for the purchasinge of t\\'o hundred pounds worth of powder,
.& seeinge to the discharge thereof, at the request of the surveio"' gencrall,
Capt Humphry Athcrton is joyned in commission witli him in that respect.
¥ Curia.

Whereas in suites & actions brought into Courts bctweene party & party. Penalty for
somtimes the plajTitife, somtimes the defendant, & somtiraes neither of "n"/'''*^"*'
them doe attend, to answer when they arc called to jisecutc or answer, which
hath ben to longe coniued at by the magistrats, & much time lost in sending
to seeke them out, or wayte tlieire commingc in, whereby the countryes charge
is increased, & the magis'% jurors, wittnesses, & others abused, contrary to the
laudable, reasonable practise & custome of all Courts in o"' natiue country &
other countryes knownc vnto vs, it is tlici'cfore hereby ordred & enacted, tliat
if any playutife, after he or slice haiic entred any action to be tryed in any
Court, or which comes orderly Into any Court by repleucn, appeale, or by the
disagreement betweene the magls''* & jury *iii an inferior Courte, & doe not [*256.]
by him or her selfe, or by theire atturney, make tlieirc appearance & psecute
theire action iiiiediatly after they haue bin three times called in the Courte by Piaaitiffi- dc-
name, after the first forenoone of the Court, that then they shalbe nonsuited; to a penalty for
& if playntife or defendant appeare vppon that call, they shall haue theire "°" attend-
costs granted by the Courte agaynst him that did not appeare ; & if afterwai'ds
both paityes doe agree to try theire case the same Courte, they shalbe allowed
so to doe, the playntife paying halfc so much for ;i new entry as he did
before. And if any pson psented by the grannd jury for any offence, or
suiiioned by a magistrate to answer any crime, doc not vppon suinons appeare
at the time appojiited vppon the third call, as afforeSd, he or shee shalbe
pceeded agaynst for contempt, except he or shee be restrayned or ^vented by
the hand of God. This order to take place the first Courte in September
next. P Curia.

This Courte doth, with all thankfuUnes, acknowlidge the £:ood servise of Gouernor.i

gratuity 100

Joh Endecott, Es^, o^ honourd Gofino"', that last was in respect of his great marks.

186

THE RECORDS OF THE COLONY OP

Order on dara
age by cattle.

Change of
Court dayes
Boston.

[*257.]

Clarke of y"
writs.

Lib"' to y ar-
tilery to meet
other than on
2ddavofwcck,

care & faythfullnes in the discharge of that trust ^^•hich was coinitted viito
him, and doe, in the behalfe of the country, render him haity thankes for the
Slime, & desii-e his kind acceptance of one hundred markes as a slender
manifestation of o"^ due respects vnto him, vntill we shalbe better enabled to
declare it, which we order shalbe payd vnto him out of the next country rate.
P Curia.

Whereas the law concerninge feiicinge agaynst great cattle, fol. 7 : harmes
done by cattle in fenced ground shalbe viewed & judged for explanation,
whereof this Courte declarcth & ordreth that, notwithstandinge the sajd
pvision in the sayd law, in case any be done in fenced grounds, by what occa-
sion soever, the partie trespassed shall not be barred afterwards of his action,
albeit the harmes be not viewed & judged accordinge to the dii'ection of the
sayd recited law ; and its further ordred by this Courte that, in case of invol-
untary trespasses, where such trespassir shall pay or legally tender full recom-
pence for all the damage done by him before any suite commenced, the
playntife shall recouer no costs in his suite. P Curia.

Whereas the County Courts at Boston, by order of the Generall Court,
haue begun to be kept vppon the last Thursdays in July, October, Januaiy, &
Aprill, it is now, for some reasons, by this Court ordred & appoynted, that
from henceforth they shall alwayes begin vppon the last Twesday of every of
the sajd moneths, as all other Courts doe except the Courte of Electio, which,
by pattent, is appoynted to be kept vppon the Wednesday, & except all
other Courts, Avhich, vppon extraordinary occasions, shalbe appoynted vppon
other dayes, pvided that, for this yeare, the County Court for SuffoUce shall
begin on the last Wednesday in July, and, for aftertimes, as aftbresajd. P
Curia.

*]M'" James Cary is appoynted by this Courte to be clearke of the writts
for Charlcstowne, in the roome of M' Edward Mellowes, lately deceased.
P Curia.

Vppon the request of the inhabitants of Ilavcrill, this Court doth ap-
poynt Ensigne Howlet, Capt Brigham, Mathew Boyce, & Rott Hazeltiue, or
any three of them, to be comission''^ to lay out the bounds betweene Haverill
& Salsbury, and .all the bounds of Haverill, & to make returne thereof vnto
the next sittinge of the Generall Com-t. P Curia.

At the request of the freemen of Haverill, Henry Palmer, Thomas Davis,
& Joh Clements are appoynted to end small causes there, accordinge to law,
for one yeare. P Curia.

Whereas by experience it is found that the day of the nieetinge of the
Artilcric Company in Boston, bcingc vppon the second day of the weeke, is

THE MASSACHUSETTS BAY IN NEW ENGLAND. 187

inconvenieut In diners respects, its therefore ordred by this Courtc that it 1 (> 5 0.
shalbe in the libertie of the sajd company to alter the day of theire meettlnge "" '^ '
to any other day of the weeke which they shall make choyse of. P Curia. "' '

For explanation of that part of the printed law, intituled Mil : AfFau-es, S : Amies not to
10 : concerninge the surveyo"" generall, touchinge the coiiion armes of the coun-
try, its ordred & hereby declared, that his power neither doth nor shall extend
to the sellinge or alienatinge any of the ordnance or great artillery, or any the
appurtenances thereof, vppon any ^tence whatsoever, without speciall order
from the Generall Court, any law, comission, custome, or vsage to the contrary
in any wise notwithstanding. 3? Curia.

"Whereas, by an order of Courtc heretofore made, all playntiues were re- piayntifes lib-
strayned from takinge out attatchm'* agaynst any deffendant, (except in some ^ J ""^ ^ <=
cases in the sajd order expressed, some of which cases also were of a doubt-
full interpitation,) whereby many playntiues haue ben somtimes delayed, &
at other times frustrated, in obtayning theire just debts, the deffendants choos-
ing rather to pay some small costs for non appearance vppon a summons, & so
win time to convay away theu-e goods, or sell theire estates, it is therefore
hereby ordred & enacted, that, from this time forwards, it shalbe at every
playntifs choyse to take out either summons or attatchments agapist any de-
fendant, any thinge in the former recited order notwithstandinge. P Curia.

To the end that powder, bullets, & match, charged vppon each towne Puision for
to pvide, be not neglected, & all grounds of excuse on j^tence of ignorance ' '^

of the law remoued & ©vented, it is ordred, that the secritary shall forthwith send the law to

... . towns on war-

send a coppie of the former order to each towne in this jurisdiction, putting jj^g i^pig.

the sixth mo"' for the Ibwrth mo"' next, & rcquirlnge the cunstable & chiefe ™*"*'-

millitary officer, where no select men arc, to execute the sajd order, for assessinge

theire inhabitants & pvidinge the sajd powder, bullet, & match, & that, in

pportion to the company of souldiers, in number more or lesse than fiftie soul-

diers, and that they deliuer it vnto the two chiefo *officers of each company, [*258.]

safily to bestow & order for the best advantage of the country. P Curia.

Whereas there hath bin an order formerly made, in which seuerall psons Country acc

1 1 m 1-1 audited to set-

haue bin authorized as a comittee to take the ireasurers ace", which yet tie with the
hath neuer bin done, although a thinge much desired by the country, this I'^easurer
Courte, beinge vnwillinge to suffer such great acc°^ to ly any longer as now
they doe, doe order y' M"" Increase Nowell, Capt Eofet Keayne, M"" Anthony
Stoddard, & M"' Joseph Hills, or any three of them, shall haue power, & are
hereby authorized, to heare & examine all ace"'* which concerne the country,
either betweene the audito' generall & the Treasurer or any others, in which
the country is intressed ; and doe hereby further glue power to aqnite &

188

THE IIECORD.S OF TTIR COLOxXY OF

Maldons
niarke.

Meadfeild
bounds.
Medfeild laid

Famjes on
Charles Kiuer.

[*259.]

Capt. Keines
ffarme.

M' BrottTis
farme.

M' Parkers
farme.

discharge the Treasurer, cither in full or so far as he shalbe able tO giue a
satisfactoiy account, pvidcd o'' sajd conimlttec shall be accountable to this
General! Coui-te at theire next sittinge. And the Treasurer shall call vppon
the audito' generall & tlie committee to hasten the accomplishment hereof.
P Curiam. Vppon the request of the inhabitants of ISIaldon, the Comt hath
appoynted that :IVL: shalbe the brandmarke for theire towne. P Curiam.

"Whereas there was a graunt made by the Generall Court at a session
the 22"" of the S"* mo'", 1649, \aito the inhabitants of Dedham, in answer
to a petition of thcircs for the enlargment of the village theue, as by the
sajd graunt may more fully appeare, this graunt, so made, was layd out by
Captayne Rott Keaine & M'' Edward Jackson, who haue subscribed it with
theire hands in manner & forme followinge, viz* : bcgininge at a small hill, or
iland, in the meddow on the Avcst side of Charles Eiuer, iS: runinge from
thence about full west three miles, and tlieii, turningc a south line, ended
at Charles Eiuer at three miles & a quarter, this line bcinge there shorter
then by the grannt it was allowed to be, but acccptcod by the grauntees, the
sajd riucr is appointed to be the bounds from that place to the place where
the first lyne began. This Court doth approue of this returne of the psoas
aboue mentioned concerninge the bounds of the sajd village, &, in answer to
the request of the inhabitants of Dedha, doe order that it shalbe called
(Meadfeild.) P Curia.

Wiicrcas the Generall Court, iu answer to a petition of Capt Kott
Keaine, Eichard Browne, of Watertowne, & Eichard Parker, of Boston, for
the layinge out of theu-e seuerall pportions of land in such place as they should
find out, did, in the yeare 1649, graunt commission to M"' Edward Jackson
to se the same done in the place in that order mentioned, next to Dedham
village, as in that order, dated 28'^ October, 1649, more amply appeareth ;
Avhich accordingly, Avith M"^ Danforth, a survejo'^ of * Cambridge, they haue
done as herevnder written appeareth vnder the sajd conimissiono''^ hands. Layd
out vnto Capt Eobt Keajne, vppon Bacussett Hill, beyond the new village
of Dedham, & without the line thereof, one thowsand seventy & fowre acors of
meddow & vpland, beingc bounded with M'^ Jolm Aliens farme on the south ;
Charles Eiuer south & by east, east, & northeast ; M"" Eichard Brownes farme
on the north & nm-thwcst ; common land north & by west, west & north-
west.

It. To ^M' Eiciiard Browne two hundred acors of meddow & vpland,
beinge bounded by Capt Kcajnes on the south & southwest, Charles Eiuer
east, & M'' Eichard Barker northwest, common land northwest & west.

It. To M" Eichard Barker fower hundred thirtie six acors, beinge

THE MASSACHUSETTS BAY IN NEW ENGLAND. 189

bounded by SP Richard Browne on the Jiouth, Charles Riuer south east ;
the vpland on the riucrett runinge into Charles Riuer on the east & by
south, cast, & north east, common land west, to continue so far vppon the reuer-
ett, takiuge in the meddow on both sides, as lieth on the east side of the path
goinge from Pacussett to Naticke, with one hundred acors added thereto. by
the surveio'^ M'' Danforth, & sold to ]\P Parker by Tohn Johnson, survejo'^
general).

These scuerall pedis of laud, with reference to the order of the Generall
Court, October 23"^, 1649, were lajd out in the ^sence of Edward Jackson,
aforesajd, and, in answer to the requests of the gent above mentioned, is ap-
proued of by the Court, their scuerall pportions of land confirmed vnto them,
the just right of any Indian to any pt of this land alwayes excepted. P Curia.

In ans'vcr to the petition of the inhabitants of Hauirell for the graunt An iianti giuen
of an iland lying in the Riuer-of Merimacke agaynst some part of theire towne,
contayning about 20 or 30 acors, its ordred that theire request be grauntcd
for the sajd iland, vnles M'' Ward or any other shall make any cleave title
from tliis Court, to appeare vnto this Court within three yeares, to the sayd
iland. P Curia.

In answer to the petition of o'^ honourd Gouernour, Thomas Dudley, M' Dmlleys
Es^, & Increase Nowell, Gent, executors vnto M"' Isaake Johnson, for 4200 ^^^^^ ^f i^nj.
acors of land, in respect of fowre hundred pounds adventured in the common
stocke, it is ordred, that in regard the sajd 400" was lajd out longe since, &
that the petitionors might haue tooke it in the first diuident, that theire re-
quest should be graunted without any exception of hiudriuge a plantation,
pvided that they take theire land together in one place. P Curiam. 4200 acors.

The commissiono™ for the Vnited Collonies, at theire meetinge at Boston
the last summer, agreed that Majo' Edward Gibbons should have twenty Major Gen""
pounds payd vnto him from all the collonies for his expences when the last ^''^ "' ^ '
warre should haue ben made against the Narragansets, which, by theire sub-
mission, was stajd, & that this colonie should pay the sayd 20", & they would
account to vs for theiie pportions out of the wampompeage to be rec from the ■
Nai-ragansits, & for that end haue charged a bill vppon vs to make payment
of it. This Court, for seuerall reasons, thinkes meete to accept of this bill, &
doe therefore order that the audito'' generall should signe it, that so satisfac-
tion may be made (memoram : this bill is assigned to the surveyo'' generall to Assigned for
buy powder) by Majo"^ Gibbons.

•Whereas there hath bin, for some space of time, diuers accounts depend- [*2r)0.]
ing betweene the countiy & Majo' Generall Edward Gibbons, and that vppon
examination no great matters of diffrencc appears in the account betwixt

190 THE IIECOIIDS OF THE COLONY OF

him & the auditor generall, it is therefore ordred by this Courte, that Majo'
Generall Edward Gibbons shalbe fully aquited & discharged of & from all
debts & demauuds respoctinge the country, from the begininge of the world
vnto the day of the date of these ^sents, which we also order shalbe recorded
as a full discharge on either party. P Curia.

Lib"" to Jane In answer to the petition of Jane Hawkins, & her sons in her behalfe, for

libertie to come into this jurisdiction to visite her children, it is ordred, that
the sajd Jane Hawkins shall haue libbertie to come Sc stay in this jurisdic-
tion one moneth any time this summer, & leaue her to her libertie to glue
satisfaction to the next Courte of Assistants, which if they accept of, they
shall haue libertie to admitt her into this jurisdiction. P Curiam.

Answ. to M" In answer to the petition of Elizabeth Cole, widdow, for redresse in

° ®^ P'' • respect of a writinge of hers, formerly canceld by the Court.

This Court, hauinge heretofore seuerall times taken her case into consid-
eration, hath done what they conceiue is fully just therein, vndcr which the
petitiono'^ ought to rest herself satisfied, nor can they further act therein.
P Curia.

Answ. to Joh. In answer to the petition of John PuUen, seaman, to be freed from any

ens pe . f ^jt,jjgj. service with M' Trerise, in the shippe Chapman, vppon reasons

alleaged in his said pet, it is ordred, that the petitiono'^ should be referred to

haue his remedy in a Court of justice, where the case may be fully heard &

determined. P Curia.

In answer to the petition of John Sherman, for remittinge of the forfeit-
ure of his bond, 35'', for Robert Palmer, or respiting the execution thereof
for some further time, he beinge allowed libertie till the end of June next, by
the County Court, this Court sees no cause to graunt any remittment of his
fine, his offence beinge of so high a nature, & so great a contempt of
authoritie as it was, but thinke meete to graunt the petitiono'^^ request to res •
pite the execution, or leavinge of that fine or forfeiture for three moneths from
the end of June next. P Cvuia.

Repayratio of A^ppou information giuen vnto this Court by George ]Munuings, that the

howse^" prison keepers howse, for want of repairation, is like to fall to very great

decay, it is ordred by this Court, that M'' Anthony Stoddard & Thomas Mar-
shall, of Boston, shall take care for the needfuU repayratio of the said howse,
& other thinges about the prison, with all convenient speed, & what shalbe
expended in the accomplishment thereof shalbe allowed them by the Treasurer
out of the country rate of Boston. P Curiam.

In answer to the petition of Thomas Clarke, of Boston, for the remittinge

Answ. to

ciarkes pet. of his offence in not attendinge the order about custome, whereby he forfeited

Answ. to Jo:
Shermans pet.

THE MASSACHUSETTS BAY IN NEW ENGLAND. 191

certavne moose skins, it is ordred, that the sayd skins mentioned iu his peti-
tion, & seized vppon as forfeited, should be deliverd vnto him agaync without
payinge any more then only the custome.

In answer to the petition of William Phillips, that some pticuler townes Answ. to w«

Phillips peti-

might be assigned him where he might take vp some pay which is due to him tion.
from the countiy.

*It is ordered, that the Treasurer shall satisfie the petitiono'^ his j)portiou [*261.]
together as other creditors doe receiue. P Curia.

In answer to the petition of the inhabitants of Sudbury, for the record- Answ. to Sud-

. . 1 1 1 /-< 1 /-( l'"')' petition,

inge of the bounds of theire towne, as it was granted by the Court, the Court
thinkes meete to graunte theire petition, & that the inhabitants of Sudbury
aforesd should haue theire bounds recorded, as it was graunted by the Courte
vnto Watertowne bounds. V Curia.

In answer to the petition of the inhabitants of Boston for repealinge the Customes sus
order that req^uires custome of the other colonies.

This Coui-t, havinge beene credibly informed that the jurisdiction at Que-
necticott will for the p>sent suspend the takinge of any custome of vs, & that at
theire next Generall Court, they intend to repeale the order whereby they im-
posed it, doth therefore hereby order that there shall be no more custome
requii-ed of the other confederat colonies vntill we shall certaynly know that
Conecticott doe take custome of vs. P Curiam.

In answer to the petition of Mary Woody, the wife of John Woody, of Answ. to

Woodyes peti

Roxbury, deceased, for to be impowred by this Court to act as an executrix, tio„.
in regard of ^sent nessessity requireinge the same, this Court thinkes meete
to graunt her request, & doe hereby enable her with full power so to doe,
wittnesses havinge deposed to the truth of the will, & M"" Coggan & William
Parkes havinge vndertooke to pduce a true inventory of his estate at the next
County Court. P Curiam.

In answer to the petition of JI"' Addain Winthrop, in tlie behalfe of his Ausw. to M'
brother, Stephen Winthrop, for the explanation of a graunt & the boundinge tition.
of a farme graunted vnto M"' Humphrj-es, lyinge betweene the bounds of
Salem & Lin, its ordi-ed, that Cap? William Hawthorne, M"' Thomas Layton,
& Leiutenant Walker shalbe appoynted as commissiono" to view the place, &
to make report, accordinge as they find it, vnto this Court, wliereby we may be
enabled the better to determine about the same. P Curiam.

In answer to the petition of John Giddney, for the abatement of tlie Answ. to Gidd-
rent he is to pay for sellinge of wine at Salem, it is ordred, that the sayd Gidd- ""^'"^^ '"^ ' '""'
ncy should pay only fiftene pounds for the rents of wine for this yearc ensu-
ingc, pvided that he pay 20", accordinge to agreement, for the yearc that is
past. P Curia.

192

THE KECOllDS OF THE COLONY OF

1 G 5 0.

23 May.
Ans. to Mr
Shepliards ex-

[*262.]

Answ. to Wul
tous petition.

Lib*J« giueu
Exeter.

Dcinlell Gookine, Edward Collins, with the vest of the ouorseers «&; ex-
ecuto'" of the estate of INP Thomas Sheppard, deceased, late pastor of the
churcli at Cambridge, ^sentinge a patltion, with the approbation of Jlargret,
the wife of the sayd ]\I'' Thomas Sheppard, subscribed with her hand, in which
they desire power from this Covirt to make sale of diners woodlands, lyings
altogether wast & vnprofitable, which the sajd M'' Sheappard dyed possest of, to
be disposed of for the bringinge vp of his children ; in answer to which pct-
tition the Court doth hereby giue liberty to the execute''^ aboue mentioned to
sell the foresajd lauds according to the contents hereof, pvided that they giue
caution to be responsall to this Generall Court before the end of this session.
V Curia.

In answer to the petition of Henry Short, of Xewbcry, for power from
this Court to recouer, by way of suite, all such rents as remayne vnpayd, due
vnto M' Stephen Dummer, now in England, from such as enjoy his estate
here, it is ordrcd by this Court, that the petitioner shall haue libertie, & is
hereby *impowered, to sue any pson or psons for any rents or arcares due to
the afforesaid jM"' Dummer, & vjipon receit thereof to aquite & discharge for
the same. P Curiam.

In answer to the petition of lieniy Walton, for the remittingc or moder-
atiuge his pcnnalty for transportinge of powder, it is ordred, that the one halfe
of what lie hath forfeited to the country in so doinge shall be remitted.
P Curiam.

In ansAver to the petition of the freemen of Exeter for liberty to choose
a cunstable & conimissiono" to end small causes, the Court conceiues there will
be no need of such commissiono'% Captayne Wiggan beinge chosen Assistant,
& liuinge so neere ; but graunt that they shall haue liberty to chose a cunsta-
ble, as is desired, pvided the County Court approue of the pson as being fit
for the place. P Curia.

Audry Palmer, wlddow, hauinge receiued a graunt lately from the
Court of the bowse of her sonue, John Palmor, as part of satisfaction for what
he receiued of her late husband, vppon her request hath the charges & dutyes
of the Court, and the offices thereof due for transactinge the same, remitted.
P Cur.

In answer to the petition of Elizabeth Pecke, for remittingc a fine dew
to the country from her husband & her for lyinge & swearinge, its ordred,
that the petitioners fine of ten shilling for her lyinge shall be remitted, & that
the sccuritie giucn for her husbands fine of thirty shillings remayne in force
still, & that only is respitted till he come agayne. p Curia.

In ansAv-er to the petition of Thomas ]\Iakcpeas, for the releasing of a

THE MASSACHUSETTS BAY IN NEW ENGLAND. 193

certayne pcell of board seized on by the customer, it is ordred, that the one 1 (i .) ().
halfe of the forfeiture, which is the countiys right, shalbe remitted ; but y" '^ '

Court cannot giue away the other halfe, which is & doth appertayne vnto the
officer. P Curia.

Whereas this common weahh is much defcctiuc for want of lawes for Lex Jlcrcatona
maritvne afFavres, and forasmuch as there are ah-cady many good lawes made _ ., ' ,

• . ' V . ^ committee to

& published by o'' owne land & the French nation, & other kingdomes & examine and
common wcalthes, this Court doth therefore order, that the sajd lawes, printed
& published in a booke called Lex Mercatoria, shalbe pused & duly consid-
ered, & such of them as are epproued by this Courte shalbe declared & pub-
lished, to be in force within this jurisdiction after such a time as this Court
shall appoynt ; and it is further ordred, that M'' Bellingham, M' Nowell, M''
Willoby, Cap? Hawthorne, the audito"" generall, & M'^ John Allen shalbe a
committee to ripen the worke, & to make returne of that which they shall
conclud vppon vnto the Generall Court, and the time of tlicirc mectinge to
be the first third day of the sixth mo"' next, p Cur.

In answer to a petition Inferred to this Court in the bchalfe of William Answ. to lias-
Basset, of Sandwich, who stands arested by the officer of the customes for not
entring & payinge the custome of nine bushells of pease, & now desires he
may be freed vppon the payment of the customes for the sd pease, concerninge
whom this Court doth declare that for seuerall reasons they are not willinge to
graunt his petition, but doe order that the whole forfeiture due to tlie country
& the officer should be taken of him.

Sampson Shore, ofFringe himselfe for a testimony in the *case of the nine [*^63.]
bushells of pease, before exprest, which were forfeited for not being entred. Shore fined,
when he went out of the Court sajd we had ben as good haue taken the pease
out of his howse ; beinge required, gaue no satisfaction, & is therefore finned for
his offenciue spcach forty shillings. P Curia.

Kobert Gowen, of Wenham, havinge sould a gunnc to the Indians, & in Answ. to Gow-
so doeinge havinge forfeited by law ten pounds, vppon a petition pferred to
this Court, hath the one halfe of his fine remitted, viz', fine pounds.
P Curia.

In answer to the petition of ]M'^ Symon Bradstreete for eight hundred Answ. to M'

Bradstreets pe-

acors of land dew to him from the countiy, as by former order appearcs, it is tition.
ordred by this Court, that the petition"' shall haue liberty, accordinge to his
desire exprest in his petition, to take the sajd eight hundred acors, next or
neere to the farmes lately graunted to Capt Keayne, M' Richard Browne, &
M'' Richard Parker, so it piudice not the village. Ppounded to this Court by
M' EHott in the behalfe of the Indians, in case it be there to be hail. P Curia.
VOL. in. '- 25

194

THE RECORDS OF THE COLONY OP

Answ. to M»
Saltingstalls
petition.

Bartlets fiii
remitted.

Ausw. to De-
stauriers peti-
tion.

Cookes fine i
mitted.

[*2Qi.]

Newbery
coinissiono"

ISi' John Wilson, pastor of the chuixh at Boston, hauinge a graunt for-
merly from the Couit for a thowsand acors of land in the Pequot country,
and in respect it is like to be little or nothinge at all beneficiall vnto him, in
answer to his desire, exprest in a petition pferrcd to this Court, it is ordred,
tliat the petitioner shall haue liberty to take his thousand acors of land next
vnto ^I'' Bnidstreets 800 acors, mentioned in the next foregoing order, if it
be there to be had ; but in case it be not there, then to be lajd out in any place
within this jurisdiction, so it liiuder not a plantation. 1' Curia.

In ans^^•er to the petition of M"' Hob' Saltingstall, for three thowsand
two hundred acors of land dew to his father in respect of fowre hundred
pounds he layd into the generall stocke, it is ordred by this Court, that his
request shalbe graunted for three thousand acors of land in any part of o'' juris-
diction, so as he ^sent to this Court the place where he would deshe it, before
the 20"' of October next ; and his former graunt of this land, mentioned in his
petition, is hereby made voyd. P Curia.

John Bartlct, the cunstable of Newbery, beinge vndcr a tine of forty
shillingcs for not pvidinge weights & measures according to law, vppon a peti-
tion |?fcrd to this Court, hath his fine remitted ; the Court havinge receiued
satisfactory informatio that he did his vttmost endeuour to pcure the same.
P Curia.

In answer to the petition of Dcstauriers, a French marchant, for the
remittinge of a fine of fifty pounds, imposed vppon him by a County Court,
for rendinge a warrent, in contempt of authoritie here established, it is ordred
by this Court, that halfe his fine, viz', fiue & twenty pounds, should be re-
mitted. P Cur.

In answer to the petition of Ilachell Cooke, for the remitting of a fine
of fiue pounds, imposed vppon her husband, who is since that time deceased,
this Court, hauinge information of the miserable estate of the petition' in
fspect of her cxtrcame poucrtie, thinkes meete to remitte the whole fine.
P Curia.

"\"ppon tJic survay of a ccrtaync writingc |>>sented to this Court, we find
that Thomas Nelson, of RoM'lcy, hath constituted ^P Richard Duiner, &
impowered him as his lawfull atturney, for the disposinge of his estate, as by
the sayd writing doth more fidly appeare; now, vppon the request of Joh
Palmer, of Rowley, this Court doth declare, that the power so giuen & com-
mitted to M"" Rich Dummer is good, & accordinge to law, *and that he may
act therein M'ithout any further confirmation of the same. P Curia.

A ppon the request of the towne of Newbery, Edward Woodman, Wil-
liam Cerish, & Richard Kent are appoynted to end small causes there, accord-
inge to law. p Curia.

THK MASSACHUSETTS BAY Ix\ NEW ENGLAND. 195

Whereas, through the good hand of God, many well devoted psons haue 1 G 5 0.
ben & daylie are moued & stired vpp to giue & bestow sundry gifts, legacies, '"^ ' ^
lands, & reuenewes for the aduauncment of all good litterature, arts, & coUege corpo-
sciences in Ilaruard Colledge, in Cambridge, in the county of Midelsex, & to "S°-
the mayntenance of the fsident & fellowes, & for all accommodations of
buildings & all other nessessary pvisions that may conduce to the education
of y* English & Indian youth of this country in knowledge & godlynes, it is
therefore ordered & enacted by this Courte & the authority thereof, that for College in

Cambridge in-

the furtheringe of so good a worke, & for -f purposes aiforesayd, from hence- corporated.

forth that the sajd colledge in Cambridge, in Midelsex, in New England,

shalbe a corporatio, consisting of seauen psons, (to witt,) a fpsident, fine

fellows, and a treasurer or burser ; and that Henry Dunster shalbe the first

Psidente ; Samuel Mather, Samuel Danford, M's of Art ; Jonathan Michell,

Comfort Starre, and Samuel Eaton, Bachellors of Art, shalbe the fiue

fellowes, & Thomas Danford to be treasurer ; all of them being inhabitants in

the Bay, & shalbe the first seuen psons of which the 5d corporation shall

consist ; and that the sd seuen psons, or the greater number of them, pcui-ing

the psence of the ouerseers of the colledge, & by theii-e counsell & consent,

shall haue power, & are hereby authorized, at any time or times, to elect a new

fisident, fellowes, or treasurer so oft & from time to time as any of the sd

pson or psons shall dy or be remoucd ; whidi sd psident & fellowes, for the

time beinge, shall for euer hereafter in name & fact be one body poUiticke &

corporate in law, to all intents & purposes, and shall haue ppetuall succession,

& shalbe called by the name of Psident & Fellowes of Harvard Colledge,

and shall from time to time be eligible as aforesd ; and by that name they &

theire successors shall & may purchase & aquire to themselves, or take &

receiue vppon free gift & donation any lands, tenements, or hereditam*" w">in

this jurisdiction of the INIatathusets, not exceed the vallew of fiue hundred

pound p annum, and any goodes & sums of money whatsoever to the vse &

behoofe of the sd ^sidente, felloAves, & schollers of the id colledge ; and also

may sue & plead, or be sued & impleaded by the name aforesd in all Courts

& places of judicature within the jurisdiction aforesd. And that the sd psidcnt,

with any three of the fellowes, *shall haue power & are hereby authorized, r*265.']

when they shall thinke fitt, to make & appoyute a common scale for tlie vse

of the sd corporation; and the ^sident & fellowes, or major pt of them,

from time to time may meete & choose such officers & servants for the

colledge, & make such allowance to them, & them also to remoue ; & after

death or remoueall to choose such others; & to make from time to time

such orders & by lawcs for the better ordring & cnriing on tlie wovko of the

THE KECORDS OP THE COLONY OP

[*266.]

colledge, as they shall thiiikc fitt ; pvidcd they, the sd orders, be allowed by
the ouerseers. And also tliat the psident & fellowes, or the major pt of them,
■with the treasurer, shall haue power to make conclusiue barganes for lands &
tenements to be purchased by the sd corpora? for valueable consideraco. And
for the better ordringe of the gouerm' of the id colledge «fc corporaco, be it
enacted by the authoritie aforesd, that the ^sldent & three more of the
fellowes shall & may from time to time, vppon due warninge^ or notice giuen
by the jpsident to y" rest, hold a meetinge for the debateinge & concludinge
of affayres concerninge the pfits & reuenewes of any lands, & disposinge
of theire goods ; pvided, that all the sd disposings be accordinge to the will
of the doners. And for direction in all emergent occasions, executions of all
orders & by lawes, & for the pcureinge of a generall meeteinge of all the
ouerseeres & societie in great & difficult cases ; and in case of nou agreem' in
all w'^'' cases aforesd, the conclusions shalbe made by the major ]5t, the id
p>sident havinge a castinge voyce, the ouerseers consentinge therevnto; and
that all the aforesd transactions shall tend to & for the vse & behoofe of the
psident, fellowes, schoUers, & officers of the id colledge, and for all accom-
modations of buildings, bookes, & all other nessessary pvisions & furnitures
as may be for the advauncment & education of youth in all manner of good
litterature, arts, & sciences. And further, be it ordered by this Court & the
authoritie thereof, that all the lands, tenements, or hereditaments, bowses, or
reuenues, within this jurisdiction, to the aforesd p>sident or colledge apper-
tayninge, not exceedinge the vallew of fiue hundred pounds p aiium, shall
from henceforth be freed from all ciuill impositions, taxes, & rates ; all goods
to the id corporation or to any schoUers therof appertayninge shalbe exempted
fi-om all manner of toll, customes, excise whatsoever. And that the id
;Psident, fellowes, & scholers, together with the servants & other nessessary
officers to the id psident or colledge appertayninge, not exceedinge ten, viz',
three to the ^sident & seaven to the colledge belonginge, shalbe exempted
from all *personall, ciuill offices, millitarie exercises or services,- watching &
wardlngs, & theire estates from, not exceeding one hundred pounds a man,
shalbe freed from all country publicke taxes & rates whatsoever, & no other.
P Curia.

Courts 1" to 'i'o such of Road Hand, Warwicke, Shawamett, Pautuxit, Pvidence, or who
Road Hand, ^^se soever in any of those places it may concerne.

Warwicke, ctr, ./ i

in ans.toSpot. -pj^g Generall Court of the Matatussets thinkes meete to giue notice that

Pomhom, Socananocho, William Carpenter, W"" Arnold, &6, of Shawamett or
Pautuxit, haue ^sented to them seuerall complaynts contayned in seueral

T[IE MASSACHUSETTS BAY IN NEW ENGLAND. 197

petitions of iniuryes done to- them by some of the inhabitants of Road Hand, 1 (joO.
Warwicke, Shawamett, or Pautuxit. This Court adduiseth all such whom it "" ''' '

23 May.

may concerue to forbeare psecutinge any suites amongst yo''selues agaynst the
sajd W" Arnold, W" Carpenter, Pomhom, & Socananocho, or doeinge them,
or any of them, any further iniuryes respectinge theire psons or estates till
you shall here further from this Court, which will not be longe. P Curia.

EDWARD RAWSO, Sccrit.

In answer to the petition of M™ Elizabeth Stoughton for the confirmation Answ. to M^.
of the sale of an estate to the vallew of fiue hundred & ninetie pounds, sold tition.
to John Milam, of Boston, its ordred by this Court, that her request shall be
grauuted herein, & the sale of the sayd estate approued of & hereby confirmed
to the sajd John Milam, and his heu-es, executor's, & assignes for euer.
P Ciu-ia.

The answer to a petition of diuers of the inhabitants of Boston for the Ans. to pet. of
releasm' of ^I"'' Tilly was thus : That it is no small griefe vnto the Court to ' ,

•' ° Courts reply to

be so much pressed by so many men & women, both now & heretofore, beingc tlie petitioners

, . , , .of M" Tilley.

such as deserue so great respect trom them, in a case which they cannot grati-
fie them in without y* violation of theire consciences, & that authoritie the
country hath betrusted them withall, so that they might answer as Solomon
did his mother, whom he was loath to deny any thinge, Aske for M"* Tilly the
kingdome also ; for the petitiono'''* should doe well to consider that notw"'stand-
inge the censure past vppon her, which the magis'^, vppon the full euidence
they had then, did, & yet doe, thinke to be just, yet being willinge, out of
respect they beare to the petiono'^* heretofore, to conniue at her disobedience
so far as they might w^'out betrayinge all authoritie into her hands, haue
hitherto pmitted her to goe whether she pleased, doe what she listed, &
speake what she would, without further questioninge of her of those who were
bound to returne her to p'son, wherby she rather was or might haue ben as
vsefuU in her midwifry as before her censure ; but it playnly appeares by her
cai-lage & speaches, & her vrginge others thus still to petition for her, that
nothinge but a compleat victory ouer magistracy will satisfy her excessiue
pride, which they desire may be weighed by the petitiono''^ & others in an
equall balance, there beinge as much need to vpphold magistracy in theire
authority as M"* Tilly in her midwiuiy, that so farther impartunity may be
forborne, & y' both magistrats may serue God & y« country without dis-
couragm' in theire places, & M™ Tillys friends may at length be pacyfyed.
P Cuiia.. Bis factu.

•Nathaniel Baker, in an actio of the case vppon a repleuin, commenced a [*267.]

198 THE RECORDS OF THE COLONY OP

16 5 0. sute at a County Court held at Boston, agaynst the townsmen of Hingham,

^^ ^ ^ defendants : the jury found for the defend : the magistrats refused the veixlict :

Hingham case ^^^^ ^^^^ ^^^ ^^ ^^ coguizen of the Generall Court : the whole Court, being

mett together, herd the case, & all the euidences, & in fine determined by vote

that the verdict of the jury sliould be receiued.

Capt. comissi". To o'' trusty & welbeloued friends, Cap' Humphry Atherton & Cap'

Eliazer Lusher, these : You, beinge chosen commissiono" by the Generall Court,
haue full powre and authoritie, and are hereby enabled, in theire names, to
consult, agree, and determine -with the Generall Court of Plymouth concern-
ing the title of land called Shawamett & Patuxitt, and ptection of the English
& Indians there, according to o"' engagm', repayring all priuate injuryes ac-
cording to law & justice. P Curia.

June 7'", 1650.

7 June. Forasmuch as there hath ben, for some longe time past, some question

j ^atis"' '*'*''" '^cpendinge betweene the jurisdiction of the Mas.sachusets & New Pliraouth
concerninge a certapie tract or tracts of land called Shawamet & Pautuxit, &
some places thereabouts, & that it hath pleased the honou'd Generall Courte
of the Massachusets to graunt a commission, vnder the hand & scale of the
sajd Courte, vnto Captayne Humphrj' Atherton & Captayne Eleazer Lusher,
enableinge & investinge them with full power & avithoritie to treate, consult, &
determine together with the Courte of Plimouth aforeSd, in all cases whatsoever
doe or may concerne the tracts of land before specified, the Generall Courte of
Plimouth havinge, in consideraco of the ^mises, as also for the piseruinge of
mutuall loue, friendship, & amitie with theire neibours of jNIassachusets,
havinge chosen & deputed ]\P William Bradford, Gouerno'', M'' Thomas Prince,
M"' William Collier, Assistants, and INI"^ Job Rowland, M'' Thomas Democke,
M'^ James Cudworth, & M"" Josiah Winslow, freemen, as a committee of the
sajd Courte, & authorizinge & enabling them with full power for them & in
theire behalfc likewise to debate, resolue, & fully to determine togethei- with the
aforesd commission''* of the Massachusets, all Sc euery of the cases & quaestions
about or concerninge the land aforeSd, which sajd committee, vppon due con-
sideracSn, as 'aforesd, doth resolue, conclude, & determine as foUoweth, viz': —
That they doe fully & for euer relinquish & yeeld vp vnto the gouerm*
of the Massachusets aforld all the right, tittle, or clayme whatsoeuer the sd
gouerment or jurisdiction of Plimouth haue, or might haue had, any ^ay, or
by any meanes whatsoeuer, vnto that whole tract or tracts of laud kno\\^ne by
the name of Shawamett & Pautuxit aforesd, beinge such as are, or were, the
just rights of Pomhoin & Socanauocho, or cither of them, at that time, when

THE MASSACHUSETTS BAY IN NEW ENGLAND. I99

the sd sachems subiected themselues & theire lands to the jurisdiction of tlic ] (Jo 0.
Massachusets aforesd, theire sd rights beinge, or to be, cleared accordinge to ' <"^-^
evident & aparent demonstration ; *and we, the sajd committee, by the author- r*ofCi n
itie aforesd, doe, in like manner, relinquish vnto the jurisdiction of the Mas-
sachusets all o"' rights, chiymc, or tittle vnto the lands justly & lawfullv pos-
sessed by William Arnold X; Kohcrt Vo\v, & such of the other English as at
that time, together w'-' themselues, did, in like manner, subiect to the Massa-
chusets, as aforesd ; pvidcd, that this shall in no sorte hinder or piudice the
due accomplishment of the order of the honourd coniniittee of Parliment in
any other thinge or case therein concerned ; and also pvided ahvayes, that the
bounds of these aforesd lands shall not extend farther towards Cowiscit then Plymouth re-
the true knowne& approued limitts of the lands of Ponihom did extend at the I"?"'! "?,"

'■ ^ right to bhaw-

time of theire subiection to the jurisdiction of the Massachusets, as aforesd ; & »"«' & Patux-

. . . . ket lands pos-

also further, with this pvisio & condition, that what lands socuer haue ben al- sesscd by W"
ready, or hereafter may be, made to appeare to belong to the towne or inhab- ^^.^°
itants of Evidence vnto this day, by anj- just title, shall not be included in
this reliuquishm' aboue specified, but shall, notwithstandinge, remayne &
wholely belonge to the inhabitants of i'vldence freely to enjoye, as formerly
they haue done ; and also, that this jurisdiction of Plimouth be not in any
thinge hereby put to more trouble or charge then any other of the tM^o confoed-
erate jurisdictions, viz', Conecticott & Newhaven.

WILLIAM BRADFORD,
THOMAS PRENCE,
WILLIAM COLLIER,
THO: DIMOCKE,
JAMES CUDWORTH,
JOSIAS WINSLOW,
JOII: HOWLAND.

This returne of o"' commissiono", with the resignation of the Generall Approbation of
Court of Plimouth of the tract of land therein mentioned, were approued off: . '''"™' ^'^'''

i i ' ignation.

the commissiono'^* had thankes returned them for theire paynes, & the act of

the Generall Courte of Plymouth appoynted to be recorded, June lO"", 1650. 19 June.

EDWARD RAWSON, Secret.

Vppon the petition of Peter Oliuer, James Pen, & James Johnson, of Answ.to Willis
Boston, power of administration is giuen them to the estate of Nic" Willis, ac- p'*'|^i°^g'J**°""
cordinge to theire desire, respcctinge the will anexed to theire petition, pvided
they bringc in an inventory of the estate to the next County Courte. P Curia.

200

THE RECORDS OF THE COLONY OF

1 G 5 0.

19 Junt
Marshalls i

[*269.]

Answ. to M'
Haughs peti-
tion 400 acres
of land.

require charge.

Answ. to M'
Mauericks pe-
tition.

Comissionors
confirmed.

Pvi.sion for o'
coinissionors.
Horses to be
impressed.

Coinissionors
libertie to
meetc.

Whereas tlie seuerall maislials, & theirc deputies, of the seuerall counties,
iu the execution of theire office, bcinge generall officers, haue often times neede
of helpe of others when they are to serue attatchments & executions vppon
vnruly & disobedient psons, it is therefore hereby ordred, tliat they & euery
of them haue & shall haue the same power to cnioyne & charge any pson
they shall se meete to vse for such theirc helije and assistance to ayde them
therein as euery cunstable hath, & whosoeuer shall refuse or not yeeld theire
obedience thereto shall incurre the same pennaltic that those doe or should
doe that refuse to ayd any cunstable in his office, p Curia.

*Iii answer to the petition of M"' Samuel Haugh, for the coufirmation of
a graunt of fower hundred acors of land, formerly graulited to JP Atherton
Haugh, his father, it is ordred, that his petition shalbe graunted, & the foreid
land layd out neere the bounds of Concord, northwest ; & tliis Courte doth
appoynt Capt Willard & Sergeant Bloud, of Concord, to lay out the same.
P Curia.

It is ordred & by this Courte enacted, that the comniissiono''^ for the
Vnited Colonies at theire next meetinge shall require a pportionable parte
of the charges expended by M"" Edward Winslow, agent for this country iu
England, accordinge to the pfits accrued, & that is expected to accrew to this
countiy in generall accordinge to the equitie of the case, & to make j)vision
for the payment thereof. P Curia.

In answer to the petition of ^M"" Samuel Mauericke for the reinittinge or
mitigation of a fine of one hundred & fiftie pounds formerly layd vppon him,
it is ordred, that the petitiono'' shall haue the one halfe of the foreSd fine
abated. P Curiam.

The majo'' part of the freemen of Norfolkc, hauinge made choyse of M"'
Robt Clemente, JNI'' Christopher Batt, & Leiutenant Pike to sit as commis-
siono-^ with the !Magistrats in theire County Courts for this yeare ensuinge,
haue theire choyse confirmed by this Courte.

It is ordred by the authoritie of this Courte, that it shalbe iu the power
of any one magistrate to giue warrent vnto the seuerall cunstables of Boston,
Charlstowne, Roxbury, & Dorchester, to impresse fower sufficient serviscable
horses, with fitt furniture, for the servise of o"' honourd commissiono"^ & theire
attendants at the next meetinge of the commissiono"'^ of the Vnited Colonies.
And the owners of the sajd horses are to be satisfied by the' Treasurer out of
the country rate. P Curia.

This Court, takelng into serious consideration the pposition of the coiuis-
siono" of the Vnited Colonies in the booke, page 178, That whereas the
occasions of the colonies doc sometimes require the meetinge & consultations

THE MASSACHUSETT,5 BAY IN NEW ENGLAND. 201

of the coiuissiono" before the orclinniy time appoyntcd by the articles of con- 1 (150.
foederation in the T"' moncth, & so that meetinge may conveniently be spared, "^ '

10 June.

doth therefore hereby order, that henceforth it shalbe left to the libcrtie of the
commissiono''^ for the time beinge to order the times of theire meetinge as the
occasions of the colonies may require, & so forbeare the ordinary mectinges in
September, as they shall se cause. I'rouided there be no occasionall meeteinge
in the summer before September, then the yearly meeteiug to be held as in
the articles of confocderaco. P Ciuii.

Whereas there is a certayne tract or tracts of land called Shawamett & Suffolke en-
Pautuxet, belonginge to this jm-isdictio, & is not yet brought to be -within the
bounds of any county, this Court doe therefore order, that Shawamett & Pau-
tuxet shalbe accoumpted from henceforth as belonginge to the county of Suf-
folke. P Curia.

It is ordred by the authoritie of this Court, that Cajjtayne Ilumphi-y Capt. Ather-
Atherton, in consideration of the *good servise he hath done at seuerall times '"l^^j'ir',
for the country, shall haue, as a manifestation of o'' thankfull acceptance of the
same, a farme graunted him of fiue hundred acors, to be layd out when he ,
shall tender any convenient j^l^ee that is not already graunted, nor will hin-
der the settinge vp of a ^^llago. P Curia.

For explanation of & addition to the law, title J'phane Swearinge, it is Penalty for
ordi-ed by this Court & authoritie thereof, that if any person shall sweare c^s^ngf.
more oathes then one at a time before he remoue out of the roome or com-
pany where he sweares, he shall then pay the suiiie of twenty sluUinges.
The like poenalty shalbe inflicted for pphane & wicked cursinge, of any pson
or other creatui-e, & for y° multiplyinge the same, as is appoynted for pphane
sweareinge. And in case any pson so ofTendinge by multyplyinge oathes or
cursinge shall not pay his or theire fines forthw"*, they shalbe whipt or
coiiiitted to prison till they shall pay the same, at the discretion of tbe Courte
or magistrate that shall haue coguazance thereof P Curia.

It is ordred by the authoritie of this Courte, that o'' honoured Gouerno'', Country comit-
M"' Bellingham, 'SI' Joseph Hills, Capt Humphry Atherton, & Capt Edward i,!stmctions'for
Johnson, or anv fewer of them, shalbe a committee to draw vp instructions for ""^ (^oniinis-

' '■ sioners.

o'^ honoured commissionoi* for theire directions agaynst the time when the com-
missiono" of all the colonies shall meete. And this committe to mcete vppou
timely notice giuen them from the Gouerno'". P Curia.

As an addition to the law, tittle Gamlnge, 1G46, 1647, it is ordied by this Addition toy
Courte & the authoritie thereof, that bowling, or any other play or game in or oaraeingc.
about howses of common entertaynment, shalbe, & hereby is, phlbited, vndcr
the same pennalty to any pson ofFendinge herein as is pvided for in the

VOL. III. 26

202

THE KECORDS (W THE COLONY OF

650.

19 June.

Straungers lib-

[»2T1.]

Powers giuen
to treat wi"
Gorton, &c.

Lib'r give
Younge.

LibtiB giuen to
Dorchester to
sue TonipsO.

aforeSd law agaynst jjlayers at sliouelboaid ; nor shall any person be an abetter
to any kind of gaminge, on the same penalty pvided for agaynst playinge for
money or money worth phibited in the sayd lawes. p Curia.

Whereas oftentimes it comes to passe that straungers cominge amongst
vs haue sudden occasions to try actions of seuerall natures in o'' Courts of
justice, & in respect it is xery chargable to the ptyes & troublsome to the
country to call speciall Courts for the determination of such cases, it is there-
fore ordred by this Court & authoritie thereof, that from henceforth it shalbe
in the libtie of any straungers, vppon legall summons, to enter any action
agaynst any pson or psons not residinge or inhabiting amongst vs in any of o'
Courts within this jurisdiction. P Curia.

Whereas M' William Bartholomew, of Ipswich, & M'' Henry Bartholo-
mew, of Salem, haue tendred themselues to supply fifty shillinges apeece in
money towards the chardge of the coiiiissiono" of the colonies, it 4s ordi-ed by
this Court, that the foresd M"' William & M"' Henry Bartholomew shalbe payd
the same out of the next country rate in each towne, of the best of the pay,
with allowance of 6"^ vppon euery fine shillings for forbearance & other
inconveniencyes, vnless it be payd them in money in Nouember next.
P Curia.

*It is ordred & by the authoritie of this Court enacted, that the Magls-
trats of the next County Courte, to be held at Boston in July next, shalbe, &
hereby are, impowered with aifiple power and authoritie to treat with & con-
clude with such of M"' Gortons company as shall come therevnto (if they
are not satisfied that Shawamett & Pautuxit are now justly & vndoubted-
ly vithin o' jurisdiction) of nominatinge a meete & indefrent judge & jury
to here & determine the poynts of diifrence betweene them & o''selues in that
respect, that so mutuall peace & loue may be i^serued amongst vs. p Curia.

Whereas Thomas Younge, a seaman, now in Boston, hath serued Capt
Baruabee Stanfast, master of a shippe now before Boston, with an attatchmcnt
to appeare at the next Courte held at Salem, in an action of the case for
wages dew unto him, witheld by the sd m'', it is ordred by the authoritie of
this psent Courte, that the id master of the shippe shall answer the action
at Salem Courte aforesd, accordinge to the attatchraent, any law or custome to
the contrary notwithstandinge. p Curia.

In answer to the petition of the inhabitants of Dorchester for the con-
firmation of theire title vnto Tompsons Hand, which hath benne lately
questioned, it is ordred, that the pctitiono''' be refcrd to the next session of
this Court, to rccciuc a more full answer to theire petition ; & in the meane
time, they shall haue libtic to take out summons or attatchmcnt agavnst M''

THE MASSACHUSETTS BAY IN NEW ENGLAND. 203

John Tompson, to require him to appeare then & there to make his defence 1 G 5 0.
agavnst the petitiono" respectinge the sajd Hand. P Curiam. '^

^ ' . . 19 June.

Whereas, in the first session of this Courte, vppon the petition of sundry ^^^^^^^^^ j;^,,,
on the behalfe of the schoole of Dorchester, in relation to the title of the
Hand called Tompsous Hand, it was ordred, that M' John Tompson should
be summoned, or attatched, to attend a hearinge of the case at this pscnt ses-
sion, yet, not knowinge whether the same was serued or no, it is therefore
ordred, that attatcliment shalbe graunted to bind the sajd M'" Tompson to a
hearinge of the case at the next session of this Courte. P Curia.

It is ordred by this Courte, that the seruants of Hugh Gunison, that Serurmts gra-
haue giuen theire attendance vpjDon the Howse of Depu*' this Courte, shall
haue giuen them, as a gratuitie, twenty shillings, & the seruants of M'^ W™
Philhpps, wlio haue attended on o' honoured Magistrats, shall haue ten shil-
linges, to be payd them by the Treasurer. P Curia.

This Courte, beinge willinge that M"" INIathews should haue an optunltie Lib"' to M'
to glue satisfaction for what he formerly deliuered as eronious, weake, &S,
■which is his owne desire also, doe order, that he sliall haue oppertunitie soe to
doe the SS''^ of this instant moneth, at Boston, at M"" Phillips his howse, by
eight of the clocke in the morning, to giue satisfaction for the same, if he
can, to the elders of Boston, Charlstowne, Eoxbury, & Dorchester, with
such of the magis'^ as shall please to be ^sent there. P Curia.

Whereas John Prescot & others, the inhabitants of Nashaway, pferd a Answ. to Pres-
petition to this Courte, desireinge power to rccouer all common charges of all
such as had land there, not residinge w"" them, for answer wherevnto, this
Court, vnderstandinge that the place before mentioned is not fit to make a
plantation, (so as a ministry to be erected & mayntayned there, which if the
petitiono", before the end of the next session of this Court, shall not suf-
ficiently make the sajd place appeare to be capable to answer the ends aboue
mentioned,) doth order that the pties inhabitinge there shalbe called there-
hence, & sufFred to liue» without the meanes, as they haue done, no longer.
P Curia.

*It is ordred by this Courte & the authorltie thereof, that henceforth any [*272.]
graunt, sale, bargan, or morgage of bowses, lands, rents, or other heridita- Recordinge of
ments, recorded by the recorder of y' shire in which such bowses, lands,
rents, or heriditaments are, shalbe sufficient securitle vnto the purchaser, or
grauntee, without any further certifyinge vnto the recorder or secritary for
the Generall Courte ; and that clause in the close of the printed law, title
Conueyances Fradulent, page 14, requireinge the same, is hereby rejiealed.
P Curia.

204 THE llECORDi OF THE COLONY OP

1G50. Forasmuch as the Eookc of DlscipUue was, by order of the Generall

' »■ ' C'ourte, to be coninicndcd to the scuerall churches of this jnristlictio, to
„ , . ' be bv them considered, & theirc consent or dissent to bo returned to this

Booke of Dis-
cipline, Courts Generall Courte of Ellcction, concernlnge the pticulers therein expressed,

& forasmuch as (it is sajd) that some of the churches were ignorant of the
sajd order, & therefore little hath ben done in that pticuler, this C'ourte
therefore, takcing into consldcraGo how nessessary the pfittinge of that worke
wilbe, and how much it will tend to Gods gloi-y, & peace of those churches,
doe hereby order, that the sajd bookc be duly considered off of all the sayd
churches within this pattent, & that they, without faylc, will returne theire
thoughts and judgments touchingn the pticulars thereof to the next session
of this Courte, to the end that the sajd worke may be j^titcd to Gods
prayse, and that a copic of this be forthwith sent to cuery one of the sajd
churches ; and further, it is hereby desired, y' euery church will, Ijy the first
oppertunity, take order for the pcureinge of that bookc, published by the
synod at London, concernlnge the doctrine of the gosple, that the churches
may consider of that booke, also, as soone as they can be gotten. P Curia.
Publication of It is ordred by tliis Courte & the authoritie thereof, that henceforth the

posal of. secrltary for the Generall Courte shall, within two monethes after the end of

euery session, send vnto the clearke of euery Shire Courte, as also vnto the
jjsent or late depu" of each towne, or to the constable where no deputy is,
a coppic of all generall orders made in each Courte, for which he shall receiue
of the Treasurer for euery such coppie after the rate of 8*^ p page, which the
Treasurer shall charge vppon each towne, together with theire country rate,
from time to time, viz*, for the coppies sent to the pticuler townes.

And it is furtlier ordred by the authoritie aforeSd, that y deputies, or
constables of each towne where no deputy is, shall cause the same to be
audibly read in a publicke towne mectinge, warned by the cunstable of each
towne, within ten dayes after theirc receit thereof, on pennalty of fine pounds
vppon any deputy or cunstable for neglect of theire respectiue dutyes ; & it
is further ordred by the authoritie aforesd, that such readinge thereof in any
shire or market towne in each shire shalbe a sufficyent publication thereof
from time to time, and also that the Treasurer shall haue a coppie of such
Court orders as aforesd, without pajTnent of any thinge for the same. P Curia.
Questions re- A question beinge put, whether a priuat person, not a common or pub-

licke licensed seller of strong waters, entertayninge three or fowre psons in
his howse, & lettinge them there to drinke strong waters, vntill one of them
is drunke, & receiuinge money for it, whether it be a breach of the law
[*273.] *intituled Inkeepcrs, sect, fl); t^- accordingly the persons arc lyablc to the

THE MASSACHUSETTS BAY IX NEW EXGLAXD. 205

peiinalty therein mentioned. The Courts resolution herein is affirmatiue, that 1 G ') 0.
as the case is here stated, it is a breach of the first sec? of that law, & that '^ '

19 June.

the pennalty may be taken accordinge to what is therein expressed.

2. Whether it be the intent of the Courte vppon the law intituled Pphane
Swearinge, that a party being legally convicted at one & the same time of the
breach of that law by twenty or forty pphane oathes, & the delinquent not
able to pay any fine, whether those to whom the execution of that law is com-
mitted are bound to fech such a delinquent to the stocks so many seucrall
times, although he Hue two or three miles from the place of execution.

The Courts resolution herein is, that they judge it most meete to leaue it
to the discretion of the magistrate whom it concernes to deale therein, to de-
termine the case with respect to the season of the yeare. P Curia.

Whereas we haue bin credibly informed that great mischeifes & outrages P'vention of
haue ben wrought in other plantations in America by commaunders & soul-
diers of seuerall qualities, & other straungers, issuinge out of other parts,
vsurpinge power of gouerment ouer them, plundringe of theire estates,
takinge vp armes, & makeing great diuisions amongst the inhabitants where
they come, to ^uent the like mischeifes in this jurisdiction, this Courte doth
order, and it is hereby enacted, that all straungers, of what qualltie soever. Strangers on

^ . .... ,- 1 • 'h^'"^ arrival to

aboue the age of sixteene yeares, ariuinge here in any ports or partes oi this report them-
juiisdlction, in any shippe or vessells, shall imediatly be brought before the ^^ ^®'"
Gouernour, Dejjuty GoQno'', or two other magistrats, by the master or mate of
the sajd shipp or vcssell, vppon the j^ocnalty of twenty pounds for default
thereof, there to giue an accoumpt of theire occasions & busines in this coun-
try, whereby satisfaction may be giuen to this common wealth, & order taken
with such straungers as the sajd Gouerno'', Deputy GoQno', two Assistants, or
the next County Court shall se meete, & that the law for entertayning of
straungers be strictly put in execution ; and this order to be posted vp vppon
the seuerall meetinge liowse dores or posts, or other publicke places, in the port
townes of this jurisdictions. And it is ordred, that the capt of the Castle
shall make kuowne this order to eucry shipp or vessell, as it passeth by ; &
the cunstables of euery port towne shall endeuour to doe the like to such
shipps or vessells before they land theyre passengers, & that a true record be
kept of all the names of such straungers, & theire qualitie, by the clearke of
the writts, who shall haue the names giuen them by the sajd Gouerno' or
magistrats, to be returned to the next imediate session of the Generall Courte.
This order to continue till the next session of this Court. June 21, 1650. 21 June.
P Curia.

Country credit-

Whereas ^[' AVinslow, by his letter, informes that he borrowed, two urs repayd.

206

THE RECORDS OF THE COLONY OP

Norfolke
Courts.

Deput" depart-

[*2T4^]

years since, of M' Willoby, 'M'' Frauncis Norton, & Captayne Rob' Hardinge,
fiue pounds of each of them, for supplying himselfe to cary on the publicke
occasion, «&: of M' Hezikiah Vsher, forty shillings, this Court thinkes meete,
& doe therefore order, that the Treasurer should pay vnto them, viz', to each
of them that lent fiue pounds, seuen pounds ; & to M'' Hezekiah Vsher, fifty
six shillings out of the next country rate. P Curia.

"S^ppon the request of the inhabitants of Norfolke, iP Bellingha is ap-
poyntcd to keepe the County Courts there, with Capt Wigan, for this year
ensuing, 1650. P Curia.

Sundry of the deputies, by reason of the rcmotncs of thcire dwellings,
& being p>sently to depart the Court, to goe to theire seuerall habitations, doe
hereby conferre the power of the whole *vnto such & so many of the mem-
bers of this Court as shall remayne together, to act only in the perticulers fol-
lowing, viz' : To agree of instructions for the comniissiono", viz', Capt Ather-
ton & Captayne Lusher iu the busines of Plimouth, touching Pautuxit &
Shawamett. 2'^. To pfit & conclude the adjournment of this Court vntill the
third day next come fortnight, viz', the 19"^ of this -l"" mo"*, 1650, at eight
of the clocke in the moruinge. P Curia.

M' Aliens ac-
knowledgm'.

Whereas I, Bozoone Allen, am charged to haue vttred some words or
expressions vnto the right wor" Thomas Dudley, Es^, late Deputy Gouno', &
now GoGno"", of the jurisdiction of the Massachusets, in the last County Court
for Suffolke, tending to his reproach, viz', that somthing which he then spake
or related touching some agitation of M' Gotten & M' Wilson, at Waymouth,
in relation to some of Hingham, was false, I desire, vndcr fauour, humbly to
expresse my selfe as followeth : —

1. First, that I doe not remember that I did so speake ; but inasmuch as
the Magistrats are informed that I did then c& there so speake, I am willinge
rather to suspect then to justifie my selfe, accountinge & acknowledging it to
be very evill, sinfull, & insufferable for any to asperse or reflect any blenish
vppon any member of any Courte of justice, & much more to be done by me,
or any so ingaged or intressed in vpholding the honour of the countiy & prin-
cypall pillars thereof, as I account my selfe to be, and most of all, to de-
fame him whom I know & acknowledge to be, & haue ben, so eminently ser-
uisable vnto & tender of the good of this country, and doe in very deed
acco' it a matter of greife vnto my very soule that he should be reproached or
the least eclipsed by any, & much more that I should be, or ap'hended to be,
an occasion thereof.

2. Secondly, I dot' solk'ninly pfcsse tliat I neither haue, nor then had.

THE MASSACHUSETTS BAY IN XEW ENGLAND. 207

such a thought in luy hart, nor I trust shall ever harbour such a thought, as 1 G 5 0.
if he, viz', o"" honou''cl GoQuo"', did or would willingly speake or relate any " ^ ~^
thiuge vntrue or false ; nor know I any ground for my self or any man
so to conceiue, much lesse to conclude or affirme concerninge him.

3. My humble request to this honourd Courte, & in perticuler to o''
honoured Gouernor, is, that I may be fauourably construed accordinge to my
vpright «&: sinceare acknowledgment & ptestation ; and that whatsoeuer in my
expressions, on the occasions aforesayd, was justly offcnciue in one respect or
other, may be remitted & couered with the mantle of loue, which hopes,
beleeues, & suffers much.

4. For vindication of o'' honoured Gouernor from all appearance of re-
proach by my occasion, my humble request is, that this acknowledgment may
be publicklv read before this whole Courte. So desireing yo'' prayers to God
for me, that I may be more circumspect & inoficnsiue in all poynts for time
to come, I humbly subscribe myselfe willinge in all I may to serue & honour
yoi^e- BOZOOXE ALLEX.

The Com-te concelues that this acknowledgment of M"' Bozoune Allen, in Courts apba-

respect of the offence he gaue concerninge o"' honourd GoQnor, is satisfactory, j^^^ acknowi-

& doe approue thereof. P CJuria. edgment.

In answer to a petition psented to this Court, in the name & in tlu- Ans. to Boston

-r» 7 1*11 . . tor a corporaco.

behalf of the towne of Boston, that fhat they might become a corporation, it

is agreed vppon by the Court that theire desire should be graunted, if the

articles or termes, priuiledges & imunities thereof were so ^sented us

rationally should appeare, respectinge the meane condition of the countiy, fit

for *the Courte to giaunte, pvided they psent theire ppositions at the next [*274''.]

sessions of this Courte to be considered off. P Curia.

In answer to a petition ^sented to this Court by Edmund Angler, Answ. to M-
Edmund Frost, Joh Cooper, & Nathaniell Sparawhauke, feofees of the estate ffeofees.
of M' Nathaniell Sparawhauke, deceased, for power to be giuen vnto the
petetionors to make sale of such howses & wast lands as they find to be least
pfitable to the estate & children of the 5d M"" Sparauhauke, it is ordred, that
the petition shalbe graunted, & that the feofees in trust should haue power to
dispose of the estate mentioned in the petition, pvided that they giue caution
to be respousall vnto this Courte for the disposinge of it to the vse of the
children. P Curia.

In answer to the petlco of Henry Dunster, p^ident of Haruard CoUedge, Answer to M-
in Cambridge, with relation to his desire in fine pticulers, viz', tirst, for the ""'' "^ ^^ '

° ' I J J J Ifpositio.

graunt of a corporation for the well ordring & managlnge the afl'ayrcs belong--

208

THE RECORDS OF THE COLONY OF

1650.

3 {ipositiu.

Ansiv. to Dor-
chester re-
specting M"
Tillcy.

Foreigners not
to trade mth
Indians.

iiigc to the coUedge, the Court is ready to graimt a corporation to the coUedge,
so as meete psons be ^scnted to the Courte, -vv'-' a draught of theirc power &
hbtie, neither maglstrats who are to be judges iu poynt of diffrence that shall
or may fill out, nor ministers who are vnwilling to accept thereof; for the
appoyntment of a meete pson to lay out a portion of land giuen as a legacy
by M'' Israel Stoughton to the colledgc, the Courte graunts & appoynts M""
Danforth, the surveyo'", to lay it out, with such as the execute's of INI"'
Stoughton shall nominate, & they two to agree ou a third, to lay out the land
graunted as a legacy as aboue mentioned.

For enlargment of buildinge there, & assignment of a debt of one
hundred pounds to them.

For the debt of one hundred pounds, the Courte readylj' graunts, that it
be payd accordinge as it was formerly apoynted ; for the desii-e of enlargment
of buildinge, the Courte, beinge so farre in debt, are in no capacltle at ^sente
to encourage it, as otherwise they would.

For regulatiiige the ferry rent.

The Courte can find no way to alter agreement with the ferry men,
without theire consents.

For cxemi^tion from payinge customes, respectlnge New Ilauen, Conecti-
cott, or Plymouth, gent gifts to be sent to the coUedge.

The Court rcadyly graunts the colledge excmptio from all custome in
such respects. P Curia.

"Whereas diners of the inhabitants of Dorchester pferrd a petition to this
Court, for the releasment & enlargment of M™ Tilley, the Courte, hauinge
rcceiued a petition from the inhabitants of Boston, this Court, of the same
nature to which they hauc giuen a large answer, thinke meete to refcrrc these
petitionors to what they haue tlicre exprcst, which shalbe tlie answer to this
petition. P Curia.

Whereas the French, Dutch, & other forreigne nations doe ordinaryly
trade guns, powder, shott, &^, with the Indians, to o"' great piudice, &
strengthninge & animatinge the Indians agaynst vs, as by daily experience
we finde, & whereas the aflbresd French & Duch, &S, doe phibite all trade
with the Indians within theire respectiue jurisdictions on the poenalty of con-
fiscation, &(?, it is therfore hereby ordred, that, after due publication hereof, it
shall not be lawfuU for any French man, Dutchman, or pson of any forrajgne
nation whatsocuer, or any English liueinge amongst thcni, or vnder them, or
any of them, to trade with an Indian or Indians w"'in the llmitts of o""
jurisdiction, either directly or indirectly, by themselues or others, vnder
pcnnalty of confiscation of all such goods or vessells as shalbe found so

THE MASSACHUSETTS BAY IN NEW ENGLAND. 209

traclinge, or the due walew thereof, Yppou just proofe of any goods or vcssuUs 1 {'}')(),
so *tradiiige or traded ; and it shalbe lawful! for any pson or psous inhabitlnge ^' "^

within this juiisdiction to make seisure of any such goods or vessells tradinge r.^^r ■,
with the Indjans, as by this law is phibited ; one halfe whereof shalbe to the
pper vse & benefitt of the party seisinge, & the other half to the publicke.
P Curia.

In answer to the inhabitants of the towne of Boston, for the releasmeut Ausw. to Bos-
& enlargment of M"'' Tilley, midwife, the Court doth answer, that it is no M'l-Tiiiey.
small greife vnto them to be so often pi-essed, both in generall & pticuler
Courts, by so many women heretofore, & now also by so many men, beinge
such as deserue so great respect from them, in a cause which they cannot
gratyfie them in without the violation of theire consciences & that authority
the country hath betrusted them withall, so that they might answer as Solo-
mon did his mother, (whom he was loath to deny any tiring,) Aske for M"^
Tilley the kingdome also ; for the petitionors should doe well to consider that,
not-svithstandinge the censui-e past vppon her, which they, vppon the full
evidence they had then, did, & yet doe thinke to be just, yet beinge willinge,
out of the respect they beare to to the former petitionors, to coniue at her
disobedience, so far as we might, without betrayinge all authoritie into her
hands, haue hitherto pmitted her to goe whether shee pleased, doe what she
listed, & speake what she would without further questioning of her or those
who were bound to returne her to prison, whereby she either was, or might
haue benne, as vsefuU in her midwifrie as before her censure ; but it playnly
appeares by her cariage & speaches, & her vrginge others thus still to petition
for her, that nothinge but a compleate victory ouer magistracy will satisfie her
excessiue pride, which they desii-e may bo weighed by the petitionors &
others in an sequall ballance ; there beinge so much need to vphold magistracy
in theire authoritie, as M"^ Tilley in her midwiuery, that so further imptunitie
may be forborne, & that both magistrats may serue God & the country without
discouragment in theii-e places, and M"' Tilleys friends may at length be
pacified. And whereas some of the magistrats haue ben informed, that there
be some that thinke & speake that M"^ Tilley was not justly fined & imp'"soned
by the magistrats, if any such will shew themselues therein, the magistrats are
ready to make answer therevnto. P Curia.

[Some of the proceedings of the session, commencing on the 22d of Jlay, 16-31), and ending on the
19th of June, 1650, are recorded out of chronological order, and hence produce confusion. The date
placed at the top of the margin of each page is the last date positively known.]

VOL. III. 27

Speake

210 THE IIECOIIDS OF THE COLONY OF

1650. At another Session of the Court, the 15"' of the Eighth Mo'\ 1650

15 October. fTHHE Depu'^ niett at one of the clocke, where was chosen Speaker for the
.-1_ first clay of the session, M"' Eichard Russell.
Stewards. M'' Ephrajm Child & Mathew Boyce are chosen stewards for the Howse

of Dep'^ for this session of Court.
Comptrolor. Capt Symon Willard was chosen comptroloiir for tliis session, also Cap?

AVilliam Hawthorne Speaker for tliis session.

It is ordred by this Court & the authoritie thereof, that euery publicke
notary in this jurisdiction shall henceforth stand charged from time to time to
doe the pticulers hereafter mentioned, beinge thereunto required for the pticu-
ler fees hereafter expressed, viz', for writing —

A pcuration or letter of atturney, twelue pence ; for entring the same at
large in his bookc, if therevnto required, twelue pence.

For coppying a bill of exchange, & for a ptest, cS: atestiug the same vnder
his hand, two shillings six pence.

For time nessessarily expended abroad in trauills, or^ otherwise, about
j)tests, besids writinge & attestinge vnder his hand, as afForeid, after the rate
of twelue pence an hower.

For writinge, rccordinge, & attestinge a cocquet or certificate, twelue
pence.

For cntringe a bill of exchange & ptest at large in his booke, one shilling
six pence.

For a coppy of a bill of exchange & ptest, & signing it, two shillinges.

For searchinge & declaringe, vpon demaimd, any record vnder his cus-
tody, thi-ee pence.

For all writinges exceedinge a page in folio, ouer & aboue the former
fees, after the rate of eight pence p page, (for all aboue one page,) contayn-
ing 30 or 34 lines in a page, of ordinaiy sized paper, & 8 or 10 words in a
line.

For a coppie of any writinge or record, the same fee as for writinge &
attestinge the originall writinge or record thereof.

For the bare pvsinge & attestinge any kind of writinge not hereby
specially pvided for, six pence.

And it is further ordred by the authoritie aforesd, that no such officer
shall deny or delay, any man desireinge it, the view or coppie of any record,
or signinge of any writinge, vppon tender of due fees, as is aboue expressed,
on pocnalty of twenty shillings for euei-y such default, & shalbc lyable to the
pty thcrby damnifyed by way of action, as in other cases. P Curia.

THE MASSACHUl^ETTS IJAV IN NEW ENGLAND. 211

Vppoii information of sonio iuconvenicucyes accrued, & more that may 1 G 5 0.
accrue, to seuerall psons, in that men take themselues acquitcd & free from all ^ '

legall obligations, in case of appearance in Courts accordinge to the expresse q^^^^ ^„
termes of the bond, or, at most, if the princypall there stay till verdict & ^ngagd.
judgm' as giuen, which if they be, they may then make away theire estates &
absent theire *persons before the twelue houres be expired for grauntingc exc- [*277.]
cution, whereby the jjty recoueringe may either be depriued of, or much dam-
aged in, his just rights, it is therefore ordred by tliis Court & the authority
thereof, that henceforth all goods attatched vppon any action shall not be released Explanation of
vppon the appearance of the pty or judgm' giuen, but shall stand ingaged In! to^dsmen'
vntill the judgm', or the execution graunted vppon the sd judgm', be dis-
charged ; nor shall any surty or suretycs for appearance in any Court (except
in capitall or criminall cases) be released from his or theire bonds vntill the
execution as afforeSd be discharged & satisfyed, or the princypall pson be sur-
rendi-ed into the hands of the marshall or his deputy, who shall secure him
till the judgm' be discharged, any law, custome, or vseage to the contrary
.notw"'standing. P Curia.

Vppon information of sundry inconueniencyes by the sudden & vnex- Adjoumm" of
pected adjournment of Shire Courts, it is ordred by this Court & the author- ^ts.
ity thereof, that annually, vppon the day of nomination of men for magis-
trates in eueiy towne, there shall also be a choyse of some meete psons for
associates for each shire, chosen by papers & pvsed in each towne meetinge, officers to be
& those two y' haue most votes shalbe signifyed vnder the constables hand, asrockte^ fo
& deliuered vnto each pson designed to cary the votes for magistrats vnto theire ^*'='' ^''''■*-
meetinge, who, so meet togethei-, shall examine the votes of the seuerall
townes, and those two that haue most votes shalbe signifyed vnder theire
hands, & ^sented vnto some magistrate in each shire, or to theire next Shii-e
Court, by the constable in the towne where they dwell, to take theii-e oath ac-
cording to law, which sd associates for each shire so chosen & sworne, with
one magistrate, shall henceforth duly attend & keepe all & euery the sajd Shire
Courts vppo the seuerall dayes determined by law, that so there be no occasion
of complaJ^lts of that nature in time to come. P Curia.

Whereas experience doth shew the inconuenience of takeinge verball tes- Affidavitts in
timonyes in Court by reason of many imptinencyes in theire relations, so that ' '"^^'
the clarke cannott well make a pfit record thereof, & to ^uent all mistakes &
vngrounded jealousies agaynst the officers, be it hereby enacted & decreed,
that henceforth all testimonjes shalbe fsented in writinge to the Court, either
attested before a magistrate, or (if the pty be within ten miles of the Court)
to be then attested in Court vppon oath, and the pty for -whom such -wittnes is

212

THE KECOllDS OF THE COLONY OF

1650.

Horses to be
impressed.

Striking of
wiues.

Prices of come.

Dauisons an-
swer.

brought shall pay vnto the recorder, for fileinge & safFe keepinge of the same,
two pence, & for transcribing a copie thereof when it is called for, six pence
for euery page, (and so *proportionably thereto,) consistinge of thirty lines ;
and further, it is hereby ordred, that the foreman of euery jury shall fayth-
fuUy deliuer vpp all such testimonyes or other writeiuges committed to them
vnto the recorder or oiEcer of the Court when they giue in theire verdicts in
any case. P Curia.

Forasmuch as by sad experience we find that the countiyes most weighty
& nessessary occasions is much neglected & retarded by reason that, in the time
of greatest neede, few or no horses are to be impressed & gayned for the vr-
gent pressinge occacons of the country, but such as pleads exemption by vir-
tue of theire being listed, which this Court is tender of discouraginge, yet find-
inge it of nessessity to take some such com-se as the countryes occasions may
be seasonably serued, it is therefore ordred, that from henceforth all horses
within this jiu-isdictlon, except in the time when they are in theii-e regimentall
exercise, or in publicke seruice, for the country, shalbe subject by presse to
serue the country in theire necessary occasions, as other horses are ; pvided, that
if any, being listed for seruice, shalbe impressed, to be made vse of by the coun-
try, that then euery owner of such horse, so listed, shall haue allowed him two
shillings a day ; if they are not listed, they shalbe allowed only one shillinge &
six pence, any law, vssage, or custome to the contrary notw^'standinge. P Curia.

It is ordred by this Court & authority thereof, that no man shall strike
his wife, nor any woman her husband, on pennalty of such fine not exceedinge
ten pounds for one offence, or such corporall punishment as the Shire Court
that hath examination thereof shall determine ; & the former law, title Women,
is hereby repealed. P Curia.

It is ordred by this Court, that all sorts of corne shalbe pd in the country
rate at these prises foUowinge : viz*, wheate & barly at fine shiUinges, rye &
pease at fower shillings, & Indjan at three shillings p bushell ; all merchanta-
ble, & all other thinges payd in the countiy rate, to be valued by indefrent
men, accordinge to the seuerall prises of all sorts of corne aboue mentioned.
P Curia.

It is ordred, that in all actions of trespasse, where the ^tence to any
Court of the trespasse shalbe ^tended to be aboue forty shillinges, & yet on
the hearinge thereof it shall appeare to come vnder the Sd value, in all such
cases the playntife shall loose his action, & pay the defendant cost. P Curia.

Nicholas Dauison, ^feringe a petition in the behalfe of M""^ Rebecca
Cradocke for satisfaction in respect of seuerall sums of money long since dis-
bursed either by her self or husband, receiued this answer from the Court :

THE MASSACHUSETTS BAY IN NEW ENGLAND. 213

That the generallity of the account now in the liands of the Court, both of 16 50.
receits & disbursm'', concernes only pticuler psons or company of merchants "" "< '
or vndertakers, & not the gouerment now established, or people in generall,
who were neuer concerned therein, nor had euer any such engagment *vppon [*279.]
them as the account mentions, & therefore not responsable for the debt de-
maunded, as may appeare in the Court booke, by seQall orders about transfer-
ringe y* gouerment & mannaginge of the joynt stocke, which was sould to ptic-
uler psons vppon theii-e owne account, as by the id booke of orders may
appeare, in the 9*'' mo**", 1629 ; & the Com-t doe therefore order, that the pe-
titioner shall haue M' Cradocks accounts deliQed to him agayne, accordinge to
his desire exprest in his petition. P Curia.

M™ Susanna Haugh pferinge a petition to this Court, which shcweth Mi«Ha«gh9
that her late husband left vnto her, by his will, a howse at Boston, very much
out of repayre, which the law pvides must be repayred & mayntayned, the
petition' desireinge the Courts resolution, whether the law intends it must
be done out of her id husbands estate or her owne, receiued this answer : The
Court determine that the petitiono'' is to take the id howse as now it is, ac-
cording to the will of her id husband, p Curia.

Whereas Mary Lowle, the daughter of John Lowle, late of Newbery, MaryLowlea
deceased, about seuenteene yeares of age, is desireous to transport her selfe ^^^'""•
vnto England, to some neere friends of hers, from whom she receiued her ed-
ucation, & doth expect further fauour & benefitt in sundry respects, but not
hauinge at ^sent to defray the charge thereof, hath psonally & otherwise
made request to this Court, that a legacy of ten pounds, due vnto her from
Richard Lowle, her vncle, either at the age of 21 yeares or as this Court
shall determine, may be payd vnto her, & her id vncle discharged thereof,
this Court, vppon consideraco of the g>mises, doe graunt & order that the id
legacy of ten pounds be pd to y" id Mary Lowle, & doe hereby discharge the
sd Richard Lowle vppon the payment thereof to her or her assignes.
P Curia.

Mary Mansfeild, of Charlstowne, f>feringe a petition, in which she Mansfeiids an-
desires her husband may haue libtie to sue certayne debtors in forma pauperis, '^"^'^"
received this answer : That the law hath already pvided for the petition' in re-
spect of what she desires, to which the Court thinks meet to refer her.

In answer to the petition of Stephen Forsdicke for remittinge of his Forsdicks an-
bond of forty pound, for non apearance at a Court, it is ordi-ed, that he should ^J'"'
haue fine & thirty abated, so it be only w"" respect to his non appearance,
pvidcd he be bound to answer for his fault at the next Court of Assistants.
P Curia.

214

THE RECORDS OF THE COLONY OP

15 October.
Palmers an-
swer.

Sudbery's an-

[*280.]

Trnslcrs
swer.

16 50. William Palmer pferinge a petition to be diuourced from his wife, Elno',

" "> ' now in England & maried to another man, the Court hauing pvsed his eui-

dence, judge meete, & therefore doe declare hereby, that the sd Palmor is
legally diuourced. P Curia.

The inhabitants of Sudbiuy p>fering a petition for some men to be deput-
ed to lay out the bounds *betweene Watertowne & them, in answer to theire
desires, it is ordred, that Captayne Willard, Captayne Lusher, & M"^ Edward
Jackson shalbe commission" to settle the bounds betwen them, & for theire
assistance therein doe further order, that Leiu' Fisher shalbe pcured to lay it
out according as it hath ben graunted by this Court, & that it be done before
the tenth mo"" next, & returne made of what is done by them to the next
Generall Court, & that Cap' "Willard shall giue notice to the -seuerall psons
concernd, to meete together in convenient time. P Curia.

Thomas Truslar, clarke of the mai-ket at Salem, for neglect of his office,
was lyablc to a pennalty, as in that law is expressed ; on his petition hath his
fine remitted. P Curia.

BaVers answer. John Baker, of Ipswich, psenting a petition, wherein he desii-es he may

haue bills signed by the Treasurer, for the payment of seuerall sumes due to
him from the country, to the value of 30" & vp wards, as also to haue for
* the forbearance of a former debt dew to him from the country ; in answer to

his pet, it is ordred, that his mony, mentioned in his petition, be payd him
out of this leuie, as also that he be allowed for his disapoyntments forty shil-
lings, but nothing with respect to forbearance, to which himself did also agree.
P Curia.

Hughs answer. Purnell Hughes, of Lin, beinge vnder the pennalty of the law for selling

of strong water w"'out license, vppon her petition hath her fine remitted. P
Curia.

M^ Dunster, jJferinge a jDctition for money due from the country to the
colledge, as also for redresse in respect of the rent of Charles Towne fferry,
receiued this answer : That the Treasurer is hereby ordred to pay the f>sident
of the colledge the sume of •one hundred pounds, with two yeares forbearance
for what is past, as also for the time to come vntill it be payd, whicli shalbe
out of the next leuy, that so the ends pposed may be accomplished ; & for
the ferry of Charlstowne, when the lease is expired. It shalbe in the littie &
power of the ^sident, in behalfe & for behoofe of the colledge, to dispose of
the sd ferry, by lease or otherwise, makeinge the best & most aduantage there-
of, to his owne content, so as those to whom he dispose it vnto pforme the
seruice, & keepe sufficycnt boates for the vsc thereof, as the order of Court re-
quires. P Curia.

P'sidenti
Bwer.

THE MASSACHUSETTS BAY IN NEW ENGLAND. 215

This Court, haueingc had the sight of a booke, lately printed vnder the 1 G 5 0.
name of William Pinchon, in New England, gent, & judginge it mecte, doe '' '

19 October.

therefore order, first, that a ptest be drawne fully & clearly to satisfy all men- p;„j.h„„j,
that this Coui-t is so farre from approuinge the same as that they doe vtterly booke cen-
dislike it & detest it as erronious & dangerous. 2'^. That it be suffycyently contradicent ;
answered by one of the reflend ciders. 3'^. That the sd William Pinchon be ^"P:""'^"""'

■' M' Jos: HlUs,

suinoned to appeare before the next Generall Court, to answer for the same. M' Henry Bar-
4'y- That the sd booke now brought *brought ouer be burnt by the execu- Lj^ut. walker,
tiono', (or such other as shalbe appoynted therevnto, pvided the pty appoynt- ^ f .^"^ j^."'
ed be willinge,) & that in the market place in Boston, on the morrow, iiiiedi- r*o81.1
atly after the lecture. P Curia.

The declaration _& ptestation of the Generall Court of the Massachusetts, in Courts declara
New England. iroctober

The Generall Court, now sittinge at Boston, in New England, this
sixteenth of October, 1650. There was brought to o'' hands a booke writen, as
was therein subscribed, % William Pinchon, gen?, in New England, entituled
The Meritorious Price of o' Redemption, Justifycatio, &(3, clearinge it from
some common EiTors, &d, which booke, brought ouer hither by a shippe a few
dayes since, and contayninge many errors & heresies generally condemned by
all orthodox writers that we haue met mth, we haue judged it meete and
necessary, for vindicatio of the truth, so far as in vs lyes, as also to keepe &
^serue the people here committed to o' care & trust in the true knowledge &
fayth of o"^ Lord Jesus Christ, & of o"' owne redemption by him, as likewise
for the clearinge of o'selues to o' Christian brethren & others in England,
(where this booke was printed & is dispersed,) hereby to ptest o'^ inuocency,
as being neither partyes nor priuy to the writinge, composinge, printinge, nor
diuulginge thereof; but that, on the contrary, we detest & abhorre many
of the opinions & assertions therein as false, eronyous, & hereticall ; yea, &
whatsoeue"" is contayned in the id booke which are contrary to the Scriptures
of the Old & New Testament, & the generall received doctrine of the ortho-
dox churches extant since the time of the last & best reformation, & for profFe
& euidence of o"^ sincere & playne meaninge therein, we doe hereby condemne
the id booke to be burned in the market place, at Boston, by the common
executiono'', & doe purpose with all convenient speede to convent the id
William Pinchon before 'authority, to find out whether the id William
Pinchon will owne the id booke as his or not ; which if he doth, Ave purpose
(Gd willinge) to pceede with him accordinge to his demerits, vnles he retract
the same, and giue full satisfaction both here & by some second writinge, to

THE RECOllDS OF THE COLONY OF

be printed & disjjersed in England ; all which wc thought needful!, for the
reasons aboue aleaged, to make knowne by this short ^testation & declaration.
Also we further purpose, with what convenient speedc we may, to appoynt
some fitt pson to make a pticuler answer to all material! & controuersyall
passages in the sd booke, & to publish the same in print, that so the errors &
falsityes therein may be fully discofled, the truth cleared, & the minds of
those that loue & seeke after truth confirmed therein. P Curia.

Booke an- It is agreed vppon by the Avhole Court, that M"^ Norton, one of the

rciiend ciders of Ipswich, should be intreated to answer M' Pinchons booke
with all convenient speed.
[*282.] Its ordrcd, that the foregoing declaration, concerniuge *conccrninge the

Declaration booke subscribed by the name of WilKam Pinchon, in New England, geni,
should be signed by the secritary, & sent into England to be printed there.
P Curia.

Pinchons sum- It is ordred, that ^I'' William Pinchon shalbe summond to appeare before

™°'^^' the next General! Court of Election, on the fii'st day of theire sittinge, to

giue his answer for the booke printed & published vnder the name of AViUiam
Pinclion, in New England, gent, entitled The Meritprious Price of o' Eedemp-
tion, Justifica?, &(?, & not to depart without leaue from the Court. P Curia.

Letters an- This Court hauinge receiued seueral! ires from M"' William Bradford,

Goilnor of Plymouth, from M'' Nic Easton, p>sident on Road Hand, & from
William Arnold, all which haue referance vnto the resignation of Showamett
& the jurisdict thereof, in answer wherevnto this Court is willinge to reassigne
it to Plymouth, according to the commissionors aduice ; & doe order that
letters may be written to Roade Hand, that they for beare all acts of juris-
diction, and, in the meane time, that William Arnold, & the rest of the
English & Indians there, be sent vnto with all conuenyent speed, to consent
to submit themselues to Plymouth jurisdict, on condition that Plymouth ptect
them, & pforme the engagment of this Court vnto them. P Cuiia.

Aliens answer. Margrett Allen, late wife of Edward Lambe, p>ferringe a petitio to this

Court to be enabled, either by her selfe or her husband, to make a firme deede
of sale of a certayne howse vnto one Thomas Boyden, for the supply of her
^sent necessitic, receiued this answer : That this Court doth order, that an
administration be graxmted to the estate of Edward Lambe vnto Samuel Allen,
& also power to confirme the sale of the mentioned howsc to the 5d Thomas
Boyden, according to her desire. P Ciuia.

Jacksons an- Edmund Jackson & Mchctable Gallop pfering a petition to the Court for

power to make sale of cither all or a pt of Ilingham mill, for the vsc & behoofe

THE MASSACHUSETTS BAY IN NEW ENGLAND. 217

of the wife of Thomas Joy, & her children, who are now in great want, & 1G50.

made oQ for her mayntenance, refi this answer from the Court ; that is to say, ^ '

they are hereby impowered to sell the whole mill, or a pt, as is desired, as also

to be rec in forma pauperis. P Curia.

Hugh Calkin, a member of the Ilowse of Deputyes, vppon his vrgent & Calkin dismist.

extraordinary occasions, is dismist from attendance the seruice of the Court.

P Curia.

Whereas M'^ John Tompson, bv vertue of an order from the Generall Tompsons tri-
^ • _ all.

Court, was attatched, & gaue bond to answer at this Court the complaynt

of M'^ Thomas Jones & M' John Wiswall, in the behalfe of the schole of Dor-
chester, respectinge the iland called Tompsons Hand, & the title therevnto,
the Court, after a full hearing of the case, & all the euidences on both sids,
found for tlie defendant, Sc allowed him his bill of costs to the value of

*Yppon the request of Richard Chanipnyes & Goulden JNIore, & Joane, [*ii83.J
his wife, the relict of John Chanipnyes, deceased, for power to dispose, by ''''^^"pnys i"-
way of sale, of a certayne howse & lands, left her by her sd late husband. It
is ordred, that power be hereby giuen to Richard Chanipnyes & John Bridge,
of Cambridge, to make sale of the Sd howse & lands mentiond in tlieire
petition, pvided that they giue caution to the County Court of that shire to
dispose of it to vse & behoofe of the woman & her children, according to the
intent of John Champnyes, deceased. P Curia.

• Edmund Yeomans, of Charlstowne, being fined fiue pounds for selling Yeomaus an-
of beere without licence, vppon his request in his petition, & for reasons
therein aleaged, hath his fine remitted, pvided he pay 10' for entring of his
petition. P Curia.

jjris Elizabeth Cole, of Boston, being visited with a longe & sore sicknes, M'" Coles au-
& hauing spent all her estate, & hath nothinge left to mayntayne her, vppon
her desire exprest in her petion, this Court doth order the Treasurer to pay
her twenty pounds out of the countiy rate. P Curia.

In answer to the petitio of the inhabitants of Topsfeild, it is ordred by Topsfeiid au-
this Court, that from henceforth the shalbe a towne, & haue power within
themselues to order all ciuill affayres, as other townes haue. P Curia.

Vppon the petition of Margery Osgood, of Ipswich, widdow, for an Margery Os-
order from this Court for a greater ^portion in the estate of her late husband,
deceased, then by will is giuen to her, it is ordered, that the mannaging of
the whole busines concerning the cstat shalbe referd vnto W Samuel Sy-
monds, Majo"^ Denison, & M' Joh Norton, & to put an issue therevnto, keep-
ing as neere vnto the will of the sd Osgood as may be. P Curia.

VOL. III. 28

218

THE KECORD.S OF THE COLONY OF

1 (; 5 (I.

Phillipps i

Waymouths
answer.

Vintnors
comittee.

[*284.]

Treasurer to
call in money
due for excise.

Souldiers
wages.

In answer to the petition of William Torrey for the graunt of an iland
in tiie bay, called Slatt Hand, it is ordred, y' the sd iland shalbe, & hereby
is, graunted to him ; in consideration whereof the petitiono'' is to enter the
orders of two or three Courts not yet entred in the Depu'' booke of record,
& that in one yeare now next cominge, & j»fit the id booke so far as he can,
pvided the iland be not expresly graunted to any other ; pvided also, that
it shalbe free for any man to make vse of the stat. P Curia.

In answer to the petition of Zachary PhilUps for his pportion in the
right of his wife (being the daughter of William Skipper, deceased) in her
farthers estate, who dyed intestate, this Court doth order, that power of ad-
ministrat be graunted to M'' C'otten & M'' Cobbet for the disposing of the
estate aboue mentioned. P Curia.

Vppon the request of the inhabitants of the towne of Way :, William
Torrey is api^oynted to be clerke of the writs there. P Curia.

There beinge a necessity of some man to be apoynted that may gather
in & call vppon such as haue had licences to sell wine to make satisfaction
for what is dew to the country with respect therevnto, *this Court doth
therefore order, and power is hereby giuen to the ^sent Treasurer to call
vppon such as are yet behind, & to recouer what is due from them ; & for
the time to come, further power is hereby giuen vnto M' Richard Russell,
M' Anthony Stoddard, & M' Frauncis Norton, or to any two of them, to
be a standing committee to make composition with any of the vintners within
this jurisdiction (in the behalfe of the country) that shall psent themselves,
vntill the Court shall take further order therein. P Curia.

It is ordered by this Court & the authority hereof, that M"' Anthony
Stoddard & the surueyo"' generall shalbe, & hereby are, empowered to agree
<& compound with any man, or men, suffycyently to amend & repayre the
psou, & to doe whatsoeuer is requisite thereabout^ and that pay™' be made
for what shalbe expended thereabouts, & in the effecting thereof, out of the
country rate of Boston. P Curia.

To the Treasurer these : This Court hath ordered, that these two
Narragansett Indians ^sent should haue two coates giuen them for their
paynes, which I am appoynted to signify to you, that it be forthwith done.
P tota CJuria. 19">, 8"', 1650. P Edward Rawson, Secret.

This Court, consideringe the good scruice of Cap' Humphry Atherton,
a sargent, with twenty souldiers, & two men that wayted on the horse in
the expedition to the Narragansitt, judge it incete to allow the sajd cap' for
his paynes ten pounds ; the sergeant, fifty shillings ; the twenty men, besids
theire dyet for fiftccnc dayes, two shillings a day a peece, which is thirty

THE MASSACHUSETTS BAY IN NEW ENGLAND. 219

pounds ; V&; for the two men which attended the horse, one shilHng six pence 1 G50.
a day, which comes to forty fine shillings, & all to be payd them out of the ' "^^ ,^ '

' .. 19dH«ber.

peage at six a penny. P C'una.

For resolution of a question ppounded to this, viz' : whether, if seuerall Qi^s*'"" fe-
men remoue from one plantation to another, such psons so remouing may
challenge an intrest in the stocke of powder & other ainunition by law to be
pvided in euery towne, & to haue theire pportion out of the same. Eesolued
negatiuely. P Curia.

This Court, findinge, vppon the returne of the cornittee for the Treasurer Tresurers gra-

& auditor's ace", that the country is indebted to the Treasurer the sume of 38" '^^' y

15« Y"*, & that there is due to the country the sume of 124" 10' 8<i, as by the

pticulers hereafter mentioned do doth appeare, in consideraco of the good

seruice of M' Eichard Russell in the place of Treasurer for about fine yeares

past, & some losse in goods taken for fines, & not put to account, doe order

that the sd M' Russell shall recouer & receiue to his owne pper vse the id _^

hundred twenty fewer pounds ten shilling eight pence, *aquitinge the ,[*285.],

country of the thirty eyght pounds fifteens sliillings seuen pence, viz*, the ^\ J

ouerplus of y*^ thirty eyght pounds fifteene shillings seuen pence, being

85" 15« 1".

The perticulers are —

By customs in seuerall hands, 0-4" 10' 00'^

By John Baker, of Ipswich, 05 00 00

By Robert Nash, 01 10 00

By Frauncis Smyth, deceased, 01 00 00

By Doner, 03 10 00

By M' Dunbars fine, 13 06 04

By INI-- Palsgraue, of Charlstowne, 02 00 00

By aphending Indjaus, 00 12 00

By Samuel Davis & hostages, 02 04 09

By one bill from Hampton, 01 00 00

By M' John Winthrop, a pt of Docto' Childs fine, 40 00 00

By M-- Sherman, 34 00 00

ByHeaty, 01 16 00

By aiest on Manchester, 01 15 00

By pt of Andofl rate 05 16 05

By Job Hawthorne, 03 00 00

By M'- Rucke, 01 07 00

By M'^ Lake, 02 03 02

Suin tot 124" 10' 08>'

220 THE KECORDS UF THE COLONY OF

1651. *At a GeneraU Courte of Election, held at Boston, the 7"' of the
'^~~Z~~' 3' Mo'\ 1G31.

7 May.

[*^^^-] Where was chosen

John Endecotte, Es^, Gouernour.
Thomas Dudley, Es^, Dept Gouerno'.

Asistants : Richard Bellingham, Es^,
Increase Nowell, Gent,
Symon Bradstreete,-Gen?,
Samuel Symonds, Gent,
WiUiam Hibbens, Gent,
Thomas Flynt, Gent,
Capt Rotot Bridges, Gent,
Erauncis Willoby, Gent,
Thomas Wiggan, Gent,
Edward Gibbons, Es^, ^lajo'^ Generall.

Symon Bradstreet and] _

Cap? W- Hawthorne,/ ^^'^^' <^'"""«slonors for the colony.

Richard BellLngham, Es^,1 _

Majo' Daniel Denison, / ^^^"'"^ Comissionors.

Edward Rawson, Gent, chosen Secritaiy.

Richard Russell, Gent, chosen Treasurer.

The names of the Deputyes of the sevierall townes : —
Salem : Capt W"" Hawthorne, M' Henry Bartholomew.
Charlstowne : M' Richard Russell, Ralph Mowsall.
Dorchester : M' John Glover, Capt Humphry Atherton.
Boston : Capt John Leuerett, M' Thomas Clarke.
Roxbury : John Johnson, William Parkes.
Watertowne : M"' Richard Browne, John Sherman.
Lin : M"' Thomas Layton.

Cambridge : Capt Danyel Guggan, M"' Edward Jackson.
Ipswitch : Major Daniel Denison, M'' John Whiple.
Newbery : Capt William Gerrish.
Waymouth : John Holbrooke.

Hingham : Capt Bozoone Allen, M' Jerimiah Howchen.
Concord : Capt Symon Willard, ISP Richard Griffen.
Dedham : Capt Eleazer Lusher, Henry Chickerlnge.
Salsbury : M' Thomas Bradbury.
Hampton: Roger Shaw.
Rowley : Maximilian Jewet, Joseph Jewet.
Brauntry : Capt W"' Tyngc, Steuen Kinsley.

THE MASSACHUSETTS BAY IN NEW ENGLAND. 221

Sudbury : 'Walter Haynes. 1 G 5 1 .

Gloucester : Hugh Caulkin. ' v^ '

Wooburuc : Cap? Edward Johnson. " *'^y-

Wenham : Esdras Reede.

Hauerill: M'^ Rofet Clements.

Readinge : William Cowdry.

Springfeild : M'^ Henry Smyth.

Mauldon : jM"" Joseph Hills.

Andeuor : John Osgood.

Capt Daniel Gookin chosen Speaker for the first session.

W"" Torrey chosen Clarke to the Howse of Depu*^ for this yeare ensuinge.

•Joseph Jewet & "NA'illiam Parkcs were chosen Stewards for the Howse of [*287.]
Deputs for this session of Court.

Edward Micheson is appoynted to attend the Howse of Deputs for this psent

session.

TO the end that all publicke charges may be equally borne, & that some Assessm" cer-

may not be eased & others burdened, & it beinge found by experience ' ''" '

that visible estates in land, corne, cattle, are, accordinge to order, Avholly & fully tes : Capt.

taxed, but the estates of marchants, in the hands of neibours, straungers, or ciarke, M'

theire facto'^, are not so obuious to view, but, vppon search, little of theire ^owchen, M'

Glouer, Hugh

estates doe appeare, beinge of great valew, so that the law doth not reach Caulkin, Capt.
them by that rule of taxing visible estates, it is therfor ordred & enacted by Hawthorne,
this Court & the authority thereof, that all marchants, shopkeeps, & factors jj^^^.^tref'
shalbe assessed by the rule of o"" common estemation, accordinge to the will Capt. Gookin.
& dome of the assesso™ in such cases appoynted, havinge regard to theire
stocke & estate, be it p>sented to view or not, in whose hands soeuer it be, that
such great estates as come yearly into the country may beare theire pportion
in pubhcke charges, yet, if any fynd themselues ouer valued, if they can make
it to appeare to the assesso"^, they are to be eased by them; if not,' by the next
County Courte. P Curia.

This Court, takeinge into consideratio the many engagm"* that ly vppon Country rate
vs in respect of debts due to be payd to seuerall psons from the country, as ''"S""'"
also other necessary vnavoydable expences that are like to fall out this yeare,
doe order that for those ends & purposes aboue mention, there shalbe leuyed
this yeai-e eusuinge one rate & a halfe, viz', halfe as much more as in oth-
er yeares to be levyed, & payd in after the vsuall manner pvided by law.
P Curia.

Whereas it is found by experience that it is an ordynary thinge for ptyes Appeaies certi-
to appeale from the sentence of inferior Courts, though they neuer intend to

222 THE KEOORDS OF THE COLONY OF

1651. psecute the same, but to stoji execution for the fsent, & to obtavne such
^ ' termes of agreement as they desire ; now, forasmuch as euery appeale doth
reflect ^judice & charge error vppon the Court appealed from, vnder which it
lyes till the case be heard & -determined by the Court appealed to, it is there-
fore hereby ordred, that whosoeuer shall, after the nynth of July next, ap-
peale from the sentence of any Courte, & not psecute the same to eflfect
accordinge to law, shall, besids his bond to the pty, forfeit to the country the
sume of forty shillings for euery such neglect. P Curia.
Assocyats. The order made the last yeai-e about associates respectinge the two coun-

tyes of Suflfolkc & Middlesex is hereby ordred to cease & to be of no vse
[*288.] vntill *the next session of this Court, any law, custome, or vseage to the con-
trary, in any wise, notwithstandinge, & that such as haue taken theire oathes
are declared hereby to be freed therefrom.
Inheritances Whereas, in suits of law, many times, such as doe psecute the same in

der respecting theire owne names, in pcureinge the proces, intend & doe declare in the name
& in the behalfe of others, viz*, as execute", administrators, assignes, atturneyes,
guardians, agents, or the like, which is not only improper, but tendeth also to
vncertaynty, for p>vention whereof the Courte ordreth that, from henceforth,
the originall pcesse, whether summons or attachm'^, shall expresse in whose
name the playntife sueth, whether in his owne name or as execute'' of the last
will & testament of such a man, or administrato'' of the goods «S; chatties of
such a man, who dyed intestate, or assignee, atturney, or guardian of such a
man, or as agent of such a man, marchant, or the like, or otherwise ; if excep-
tion be taken before the playntife hath made his declai-ation, it shalbe good, &
he shalbe lyable to pay costs ; and whereas, through the vnskilfullnes of some
that make deeds & conveyances of lands & bowses, the word heire is often-
times omitted when an estate of inheritance is intended to be passed by the
ptyes, wherevppon qutestiones & suits of law are apt to arise, for ^vention
whereof, for the time to come, this Court ordi-eth that, in all deeds & convey-
ances of howses & lands in this jurisdiction, wherein an estate of inheritance
is to passe, it shalbe expressed in these words, or to the like eflfect, viz' : to
haue and to hold the id howse or lands respectiuely to the pty or grauntee,
his heires & assignes, for euer ; or, if it be an estate intayld, then to haue & to
hold, &(5, to the pty or grauntee, & to the heires of his body lawfully begotten,
or to the heires male of his body lawfully begotten betweene him & such a one
his wife ; or to haue & to hold to the grauntee for terme of life, or for so many
yeares ; pvided, that this law shall not include former deeds or conveyances,
but to leaue them in the same condition they were in, or shalbe in, before this
law taketli effort, which shalbe at the end of the next session of this Courte ;

THE MASSACHUSETTS BAY IN NEW ENGLAND.

223

pvided also, y' this law shall not extend to any howses or lands giue by will 16 51.
or testam', or to any land graunted, or to be graunted, by the freemen of a ' "f '
towne ; & this law being of concernment to be vnderstood of euery man, there ^^'

shalbe speciall care for the publicaco thereof, & to that end it shallbe distinct-
ly read by the constable of each towne, in theu-e next towne meetinge, after
the end of the fift mo'** next ; also, a copie thereof shalbe set vppon the dore
of theire meeting howse, to contynue foorteene dayes, and the grauud jury
shall inquii-e & ^sent such as shall neglect the publicatio thereof accordinge
to this order. P Curiam.

*For pventinge the deceit of any pson in the packing of fish, beefe, & [*289.]
porkc, to be put to sale in this & other jurisdictions, it is therefore ordred Packinge of
by this Court & the authority thereof, that in euery towne w"'in this jurisdic-
tion where any such goods are packt vp for sale, the gager of that towne, or
of the towne wherein it is put to sale or shipt, shall see y' it be well & orderly
pformed ; (that is to say,) beefe & porke the whole halfe or quarter together. Beef and pork
& so pportionably, that the best be not left out, and for fish that they be packt ^^ "^'
all of one kinde, & that all caske so packt be full, sound, & well seasoned,
settinge his scale on all caske so packt, for which he shall receiue fower shil- Inspectors
lings p tunne ; but if the gager doe only view them, & find them good &
suffycient, he shall set his scale vppon them, & haue one shillinge p tunne
for so doiuge. And if such goods so packt shalbe put to sale packt vp in
caske without the gagers marke, he shall forfeit the id goods so put to sale,
the one halfe to the informer, the other halfe to the country treasury. And
whereas, notw"'standinge the former law pvided, (title Caske & Coops, pag.
6,) much damage is still sustayned by m''chants & men of trade through the in-
sufficyency & vndue assize of caske, it is therefore further ordred by the au-
thority of this Coiu-te, that wheresoeuer any new caske are found put to sale,
beinge defectiue either in workmanshippe, timber, or assize, as in that law is
pvided, vppon due proffe before one magistrate, the sd caske shalbe forfeited
to the informer, & the workman for his default shall pay ten shillings p tunne
forthwith to the vse of the country, & so pportionably for all greater or lesser
caske ; & because there may be no neglect in the choyce of a gager to ^vent
the abuses exprest in this or any other law, it is further ordred by the au-
thority affores**, that euery towne Avithin this jurisdiction, wherein any caske
are made, shall yearly make choyce of one fit man for that worke & imploy-
nient, who, being ^sented by the constable, Av"'in one weeke after the choyce
made, before any one magistrate, shall there take the oath belongin to his
place, which if he shall refuse, he shall pay the some of forty shillings, &
another to be chosen in his roome ; as also the towne or constable shall cither

224

THE KECOllDS OF THE COLOxNY OF

1651.

Castle col-
ourcs.

Change of
Court dayes.
Esses county.

22 May.
Trade phibited
with Barba-
does, Virginia,
Bermudas, &
Antigua.

of them sufter the like pocnalty for the neglect of this order, any other law,
cnstome, or vseage to y" contrary in any wise notwithstanding. P Curiam.

*Whercas it is obscrued that there are many abuses & disorders by
dauncinge in ordimiryos, whether mlxt or vnmixt, vpon marlage of some
psons, this Court doth order, tliat hence forward there shalbe no dauncinge
vpjjor. such occasion, or at other times, in ordinaryes, vppon the paine of fiue
ihillings for euery pson that sliall so daunce in ordinarys. p Curiam.

Forasmuch as this Courte conceiues the old English colours now vsed
by the Pliament of England to be a necessary badge of distinction betwext the
English & other nations in all places of the world, till the state of England
shall alter the same, which we much desii-e, we being of the same nation, hath
therfore ordred, that the capt of the Castle shall ^sently advaunce the afForesd
colours of England vppon the Castle vppon all necessary occasions.

Whereas the County Courte of Essex vsualy bcinge kept at Salem on
the last third day in euery December hitherto, which by experience hath ben
found to troublesome & dangerous for the magistrats & country to attend in
regard of the season, it is now ordred, tliat the County Court in Essex, for the
winter Court, shall henceforth be yearly keept on the last third day in No-
vember. P Curia.

Whereas this Courte hath taken notice of an act of the Pliament of Eng-
land, bearinge date October 3'^, 1650, phibitinge trade with Barbados, Vir-
ginia, Bermudas, and Antego, it is therefore ordred by ihis Court & authoryty
thereof, that after publication hereof, no capt, coinaunder, master of shippe, or
other vessell sayling from any port or harbour within this jurisdiction, shall
trade with any the id phibited places of Barbados, Virginia, Bermudas, or
Antego, on pcenalty of forfeiture of shippe & goods vnto this common wealth
vppon legall proffe & conviction thereof, this order to be pscntly published
by pclamation 8c postinge vpp in Boston, Charlstowne, & Salem, & to be of
force vntill the complyance of the afForesd places of Barbados, Virginia, Ber-
mudas, & Antego with the common wealth of England, or that this Court take
further order therein. P Curiam.

To the end o"' coiulssiouo'''' for the Vnited Colonyes may be convenyently
supplyed with horses, attendants, & all other things necessary at such times
as they shall have ocaision of travill vnto Plymouth, Conecticott, & New-
hauen, and that troopers may not be discouraged from y' so behooffull & ben-
cficiall service, it is -ordred by this Court & the authority thereof, that hence-
forth o'' coinissiono"'' for the Vnited Colonyes shall pvide & furnish themselues
in all respects whatsoL'iier, viz*, of horse, furniture, attendants, & all other
thingc's to thcire ownc satisfaction for travill & expenses afforcsd, lor wliicli

THE MASSACHUSETTS BAY IN NEW ENGLAND. 225

they shall be allowed ailually by the country twenty pounds to each coiuls- 1 li .") ] ,

siono'', viz', forty pounds a yeare, for all thelre expences, time, & travill in & ^"^ ~'
accompanyinge such theire service afForesd, & the late order now at the presse
for the impressinge of troopers horses is hereby repealed. P Curia.

*For explanation of some words in the printed law intitixled Leather, [*291.]

viz', in that section in the margent intituled Searchers sworne — theire Duty, ■^''' «''? ■'> " ■

' *^ Law formerly

by the words (line 4"") to make search & view Avithin the f>clncts of theire made on leath-

, cr explained.

limits, the Court doth vnderstand & intend any house, shoppe, or ware howsc,
or any other place where they conceiue leather illegally deliuered is like to
be found, whether wrought into shooes, bootes, or otherwise. Further,
concerninge those words in the section on y'^ margent cntytuled Welt,
tanned & dryed, Pcenalty, (line the fift,) so much qf his or theire id leather,
&S, the Court doth declare themselues to intend that whole hyde, halfe hide,
or other peece or peeces of lether which are or wherein is one sixteenth pt
insuffycyently wrought. Fuither, concerninge the last words in y' section, in-
tytuled Tryers of Leather seized, viz', except the pty shall before submit to
theii'e judgm", the Court determines to be ment the submission to the judg-
ments of the searchers before the fower or six men be called. Further, the
Court doth declare that the searchers of leather, legally chosen & sworne as the
id law doth expresse, not only may execute theire office, but by theii-e oathes
& duty are bound therevnto. And it is also hereby pvided, that neither
searchers, sealers, nor tanners shall cut or mangle leather in or vppon the
searchinge thereof more then is necessary.

Whereas M'^ Eliott vndertooke to pciu-e to the country ten shillings from Answ; to M'

EUots request.

an Indjan for his beinge drunke, which Indian since is dead, the Court thcr-
fore thinkes meete to release M' Eliott from his engagm'.

In answer to the petition of the execute" of M"' Tho Shcapheard, lute Answ: to M'

Sheaiih: c.\ecu-

of Cambridge, for the confirmation of a deed bearinge date the twenty-eighth tors.
of the eleuenth last past, wherein is convayed to M'' Jonathan Michell, now
husband of Margrett, the relict of the id M' Sheapheard, a dwellinge howsc,
yai-ds, orchards, & seuen acors of land adjoyninge therevnto, in behalfc of his
id wife, as also for power to sell a pcell of land called Jones his Hill, the
Courte thinkes meete to graunt theire request so as they giue securyty to the
next County Court at Cambridge for the educatiuge of the children, & pay-
inge them theire portions at the time when they shall atayne to theire ages, as
the will pvids. P Curia.

Captayne Willard & Leiut Goodenow arc appoynted to lay out the thow- Garrets
sand acors of land at Isabaeth, which Jethrow the Indian morgaged to Her-
mon Garret, which land by this Court is graunted to Watertowne to purchase

226 THE RECOllDS OF THE COLONY OF

1651. of Hcrmon Garret ; & in case the towne aforeid *refuse it, then Joh Sherman
• hath the like grant, pvided it be done within one moneth, in which time if

r*oQo 1 ^^^y *^°^ ^°'' pui"chase it, then the land to be grauuted to Hcrmon Garret, ac-
cording to his desire in his petition. P Curia.
Clarke of writs Its ordi'ed, that the towne of Boston shall haue lifetie to choose a new

clarke of the writts, & ^sent him to the County Court after the next session
of this Court, at Boston, for confirmation. P Curia.
Answ: to M' In answer to the petition of Eichard Parker & James Pen, its ordrcd,

Parker, &C.

M" Winthrop *'^^* ^^^ Treasurer shall pay M'^ Winthi-op after eight pound p cent, for the
to have S p' j.^^^ hundi-cd pounds giucn to the youngest child of Joh Winthrop, Es^, for

the time past, & till the country shall pay it in. P Curia.
Uayners an- In answer to the petition of Thomas Gayncr, its ordred, that M' Asi^in-

swer.

wall & M"" Bendall shall giue in theire accounpts & shew the grounds of theiie
actings in sale of the shippe Planter, vppon theire oathes to the County Court,
that is now on adjournment. P Curia.

Gayners an- j^^ answer to another petition of Thomas Gayner, for the makinge good

of his charter pt, it is ordred, that the Sd charter pt, formerly cancelled, shalbe
accompted good in law, so flxrre forth as the petition©'^, by vertue thereof, may
review his action agaynst M' Vallentine Hill, & Capt W™ Tynge. P Curia.

Cap' Haw- 'j^j^g Court, consideringe the good service of Capt W" Hathorne vnto this

thomes gratui-

tie. country in sundry resjjects, thinke meete, in answer to his petition, to gKaimt

vnto him fewer hundred acors of land, adjoyninge or neere vnto M"' Down-
inges 600 acors of land, betweene Hampton & the riuers mouth of Pascatac^,
to be layd out at the charge of the sd Capt Hawthorne, by M"" W" Howard,
of Topsfeild, & Roger Shaw, of Hampton, pvided it frustrat not any former
graunt, nor pjudice any townshippe or village that may be erected. P Cmia.

Answ: to El- In answer to the petition of M'' Thomas Elbridge, for the liearinge of a

" ^''' case dependinge betweene himselfe & the administrate"^' of M' Eob' Salting-

stall, deceased, it is declared, that the petitiono'' hath li^bty to bringe his action
of reveiw agaynst the administrate'' of JNI'' Rob' Saltingstall, as in other
cases.

It is ordred by this Court, that JM"" Samuel Symons & INI'' Thomas Wig-
gan shall haue power, & are hereby desired, to keepc the County Courts of
Norfolke for this yeare ensuinge. P Curiam.

Gouernors gra- This Courte doth with all thankfullnes acknowledge the good service of

Thomas Dudley, Es^, o' late honourd GoQno'', in respect of his great cai-e &

r*293.] faythfuUnes in the discharge of that trust which Avas *committed vnto him, &

doe, in the behalfe of the country, render him liarty thankes for the same, and

desire his kinde acceptance of one hundred markcs as a slender manifestation

THE MxVSSAOHUSETTS BAY IN NEW EiNGLAND. 227

of o'^ due respects vuto him, vntill we shalbe better enabled to declare the
same, which we order shalbe payd him by the Treasurer out of the next coun-
try leuy. P Cuiia.

Whereas M' Richard Leader, au inhabitant in this common wealth, hath M' Leaders

sentence.

ben acused, that, contrary to the law of God & the lawes here established, he
hath threatned, & in a high degree reproached & slaundred, the Coui'ts, magis-
trats, & gouerment of this common weale, & defamed the towne & church of
Lin, also affronted & reproached the constable in the execution of his office,
all which the Court hauinge heard, together with evidences prouinge the same,
doe judge, for punishment of his great offence, that he shall make aknowledg-
ment of his oflFence vnto the Court before the breakinge vp hereof, when this
Court shall appoynt, & also giue sufficyent secui-ity for his good abearinge
hereafter, & be fined the sume of fifty pounds, to be payd before the next
session of this Court, towards y" defrayinge of the charge expended by the
country in hearinge the case ; but in case M' Leaders acknowledgment doth
not answer the expectation of the Court in way of satisfaction for his offence,
that then this Covut doth order, that M"' Leader shall pay to the publicke
treasury, as a fine for his offences, the some of two hundred pounds, to be
payd before the next session of this Courte. V Curia.

And further, it is ordred by this Courte, that whatsoeuer fine hath ben His fine sc-
imposed vppon M"" Richard Leader by this Couit, for his miscariages, shalbe
secured by band or otherwise, & in the meane time that his pson be responsall
for the fine. P Curia.

Whereas there is certayne testimonyes in writinge exhibited agaynst nc His acknowl-
edgment,
to the Gencrall Court, acuseinge me for speakinge eviU agaynst the gouer-
ment, magistrats, & churches of this colony, as by the id testimonyes in writ -
ing may more largly appeare, I doe acknowledge & confesse that in case I
should be at any time left to speake these words, I should not only haue
broken the rules of Christianyty, but of moraUity & civillity, deseruinge to
be condemned justly of all Christians & just, ciuill, honest men, for which I
should condemne my selfe, beinge these thinges that in my judgm' & practise
I hate, & doe detest, & abhorre, leavinge what I now say, together with what
is testifyed agaynst me, to the righteous Judge of heaven & earth, wliich in his
due time will manyfest the truth, & aquite the innocent, & reward the guilty
according theire deserts ; *but the thinges beinge testifyed by two wittnesscs, [*294.]
the Court had cause to pceed agaynst me.

RICH: LEADER.
May 22% 165 L

228

THE RECORDS OF THE COLONY OF

1651.

Meadfeilds
power.

This acknowledgment of M"' Leaders the Court did accept of, pvided he
be still liable to pay the fifty pounds imposed vppon him in his sensure, & be
of good behavio^, as is there exprest, & that it be left wholely to the vrisdome
o'^ hono'''! Magis'^ to take what band they thinke fitt of M' Leader respectinge
those thinges before mentiond. P Curia.

There beinge a towne lately erected beyond Dedham, in the county of
Sufiblke, vppon Charles Riuer, called by the name of Meadfeild, \'ppon theire
request, made to this Generall Court, this Court hath graunted them all
the power & priuiledges which other townes doe injoy, according to law.
P Curia.

M-- Williams :

Our Generall Court havinge inteligence (if it be as we haue heard) that
yo"^ selfe, as an instrument from Pvidence, or the sargeant thereof, by vertue
of power from them, haue not only demaunded a rate of twelue pounds &
ten shillinges fi-om W" Arnold, Rob' Cole, W™ Carpenter, & the rest of
those vnder o'' jurisdiction at Showamett, but haue also threatned to come
suddenly & distrayne on them, on non payment thereof, on theire goods to
that value, & a resolution to caiy the id goods away, (if it be as we are
informed,) I am requu-ed therefore, by o"^ Generall Court, to signify vnto
you, that if yo' selfe, or the sargeant, or other officer of Pvidence, shall pceede
to molest those y' are vnder o' gouerment afforesd, or take away ought from
them, or any of them, by rates or otherwise, this Court intends to seeke
satisfaction for the same of such, & in such manner as God shall put into

theire hands.

E: E:, S.

M' Rope
swer.

In answer to the petition of M' Hemy Eoper for redresse of some
injury offred him by j\I'' Thomas Browne, its ordred by this Court, that he
shall haue libertay to take his course in law agaynst the sd Browne at the next
County Court, held at Boston, if he will.

In answer to the petition of James, Jobe & Thomas Hawkins for the
returne for theiie mother to Hue in this jurisdiction, the Courte, not know-
inge how to satisfy themselues about this M'oman, cannot giue way to her
cominge into this jurisdiction. P Curia.

In answer to the petition of John Cuts for the issuiuge of a case depend-
inge betweene Sampson Lane & himselfe, concerninge fower & twenty pipes of
wine, this Court doth order, that the hearinge & determineinge of the case
shalbe referd to the next County Court held at Boston. P Cui'ia.

In answer to the petition of John Hawthorne for releife in respect

THE MASSACHUSETTS BAY IN NEW ENGLAND. 229

of some opposition from the towiie of JMaldon^ *tliis Courte, havinge appoynted 16 51.
a couiittee to examine the case vppon theii-e returne, doe order, that the sd ^ ^ ^
John Hawthorne should haue liberty & all due encouragm' to keepe an r«"(,q- -.
ordynaiy at Maldou.

Whereas, in the yeare 1644:, there -svere lent by this Court two great Gunns to be

required of

guns vnto the owners of M' Bridcakes shippe, which, vppon a just value, Capt. Tj-nge*
appeares to be worth thirteene pounds, which sd guns haue not hitherto "' ^"^^^
ben returned, nor any thinge allowed in consideration thereof, this Court doth
therefore order, that the owners of the sd shipp, viz., Capt William Tynge,
Cap? Rofet Keayne, & John Milam, them or either of them, shall stand oblidged
to pay vnto the surveyo' generall or to IM"" James Oliuer the sume of fifteene £ 15.
pounds, within fourteene dayes after the date hereof, in iron or otherwise, to them
& either of theire satisfaction, for the vse & behoofe of the country. P Curia.

Vppon the request of the towne of Hingham, by theire deputy, this Answer to
Courte thinkes meete to confii-me & allow M"' Bozoone Allen to be theire "^ *"'
captayne, & M"' Joshua Hubbard to be lieutenant to theire company.
P Curia.

In answer to the petition of the inhabitants of Newbery, IM' William Newberys an-
Gcrisli is appoynted & confirmed to be theire captayne, & John Pike for
theire leiutenant ; & it is hereby ordred, that in regard the choyce of there
ensigne was not cleare, that they should goe to a new election when they see
meete.

Samuel Hosier, Charles Chattocke, Isaake Mixell, & Edward Dix, of Watertowne
Watertowne, being fined fewer pounds at Cambridge Court for want of a
towne bushell, vppon theire requests haue theire fine remitted.

Mary Parsons, of Springfeild, having two bills of inditement framed witches triaU.
agaynst her, the one for havinge familyarity with the devill as a witch, to ^^it^hc^rft &"'
which she pleaded not guilty, & not suffycyent euidence appearing to proue murder.
the same, she was aquited of witchcraft.

The second inditement was for wilfully & most wickedly murderinge her
owne child, to which shee pleaded guilty, confest the fact, &, accordinge to
her deserts, was condemned to dy. P Curia.

Accordinge to the Courts advise, I haue conferred w"" the Reuerend ^P M' Pinchons
Cotton, M"" Norrice, & M'^ Norton about some poynts of the greatest con-
sequence in my booke, & I hope I haue so explayned my meaninge to them
as to take off the worst construction ; & it hath pleased God to let me see that
I haue not spoken in my booke so fully of the price & merrit of Christ suf-
frings as I should haue done, for in my booke I call them but frialls of his

THE IIEOOIIDS OF THE COLONY OF

obedience, yet inteudinge thereby to amplyfy & exalt the mediatoriall <
of Christ as the only meritorious price of mans redemption ; but no^^ at ^sent
I am much inclined to thinke that his suiferinges were appoynted by God for
a further end, *namely, as the due punishment of o' sins by way of satisfactiS
to diuine justice for mans redemption.

Yo'' humble seruant, in all dutyfuU respects,

WILLIAM PINCHON.

Courts accep-
tatio.

M' Smyths
comission.

M' Smyths di!
mission.

M' Downings
graunte.

The Courte, findinge, by this writinge of M'^ Pinchons, that thi-ough
the blessinge of God on the paynes of the reuerend elders to convince him
of the errors in his booke, conceiue that he is in a hopefull way to giue good
satisfaction, & therefore, at his request, thinke meete to graunt him liberty,
respectinge the ^sent troubles of his liimyly, to returne home some day the
next weeke, if that he please, & that he shall haue M"^ Nortons answer to his
booke with him to consider thereof, that so, at the next session of this Coiute
in October next, he may giue all due satisfaction, to which session he is here-
by enjoyned to make his psonall appearance for that end.

Forasmuch as there is a ^sent necessity that some care be taken respect-
inge the case of Springfeild, they beinge at ^sente destitute of any magis-
trate or others to put issue to such cases & diffrences as shall or may arise
amongst themselues, vppon theire request, its ordi-ed by this Courte & the
authority thereof, that M"^ Henry Smyth, of Springfeild, aforeid, for this
yeare ensuinge, or till the Courte shall take farther order, shall hereby haue
full power & authority to gouerne the inhabitants of Springfeild, & to heare
& determine all cases & offences, both ciuill & criminall, that reach not life,
limbe, or banishment, accordinge to the lawes here established ; pvided, that
in matters of weyght or difficulty, it shall be lawfuU for any. party to appeale
to the Court of Assistants at Boston, so as they psecute the same according
to the order of this Court ; pvided also, that theire trialls be by the oathes
of six men, if twelue cannot be had for that seruice ; as also power is hereby
giuen to the id M"' Smyth to giues oathes to such constable or constables as
shalbe chosen legally, & to examine wittnesses on oath giuen him suteable
to liis place.

M'^ Hemy Smyth, of Springfeild, beinge a member of this Courte, vppon
his request, hauing vrgent occasions to returne home, is dismist for this ses-
sion of Court.

Whereas it appeares by the records of this Court, numb 436, that six
hundred acors of land was graunted to M' Emanuel Downinge, which he
affiiinos was in consideration of fifty pounds by liim disl)ursod in England, in

THE MASSACHUSETTS BAY IN NEW ENGLAND. 231

answer to his petition, it is ordred, that the id six hundred acors of land
shalbe layd out to him by jM' William Howard, of Topsfeild, & Eoger Shaw,
of Hampton, betweene Hampton & the riuers mouth of Pascataque, at the
charge of the sd M"^ Downinge, pvided the id land specified herein be not
formerly graunted, & that it be not pjudiciall to any plantation, towne, or
village that may hereafter be erected.

In answer to the petition of Thomas JNIakepeace, for power to sell & Makepeace an-
dispose of a certayne howse & land, at Brauntry, left by OUuer Mellowes to
his six children when he dyed, it is ordi'ed, that his request should *graunted, [*297.j
& that such of the children as are of age may haue theu-e portions out of it,
& such as desire it should remayne in theire eldest brothers hand may also
haue theire requests graunted, pvided the Sd Tho Makepeace & John
Mellowes giue security to the next County Court for the discharge of the
childrens portions accordingly.

In answer to the petition of JM' Samuel OHuer, for the sume of eyght M' oiiuers an-
pounds foorteene shillings for time & expences about the cureinge M"^ ^''
Elizabeth Cole, it is ordred, that in respect the gentlewoman was in so lowe a
condition as her estate would not reach so far as to mayntayne her selfe food,
much lesse to satisfy for her cure, which was endeuoured by the the petitiono'',
that the petition should be graunted, & that the sd sume of eight pounds
foorteene shillings be allowed him out of the next country levy.

Its ordred by this Court, that M'^ Samuel "Winslow, M' W"" Payne, Hampton
M'' Samuel Hall, & M' Thomas Bradbury shalbe commissiono", or any ''°"° "
three of them, to lay out the northerraost line of Hampton toward Pascataq,
Eiuer.

This Court, vppon good information, vnderstand that the captayne Allowance to
of the Castle, at his owue charge, purchast for the seruice of the Castle
six muitherers, two boats, & a drum, which are to be inventoried with
the surveyo"" generall ; as also hath repayred some cariages, & more is to
be done in respect of hutts, to the valew of twenty pounds, or there-
abouts, all which should haue ben done & mayntayned at the charg of the
covmtry, & be left in good repayre at the end of the ten yeares agreed vppon
by the townes ; now, in consideraco of the charge aboue mentioned layd out
& to be layd out by the sd captayne of the Castle, its ordi-ed by this Court,
that the sd captayne shall haue allowed him that thirty pounds a yeare which
hath ben reserued out of the hundred & fifty pound a yeare allowed when the
garison was supplyed with more men, pvided that the id captayne mayn-
tayne & keepe in good repayre those things aboue mentioned at his owne
prop costs & charges vntill the expiration of the sd ten yeares, when he shall

232

THE KECORDS OF THE COLONY OF

Charlstowiies
gratuity.

[*298.]

Mary Longs
answer.

Armitages an-
swer.

Heydons i
swer.

Prison to be
repayrd.

ledeliuer the same to -whom the country shall appoynt ; & this to begin from
the eighth of the eighth anoneth, 1648, & so to contynue till the Court take
further order therein.

Whereas, by the Courts encouragm', the Treasurer purchased the last
printed law bookes, & by reason of the Courts alteration of some thinges in
those bookes made them vnvendeble, in so much as he lost aboue ten pounds,
besides what was burned, in consideration of which losses, its ordred, that he
should haue allowed him twenty pounds out of the next country rate.

Whereas there was due to the country from the inhabitants of Charls-
towne, which had theire bowses lately burnt, the sume of seuen pounds,
sixteene shillings, or thereabouts, for theire country rate, this Court, in con-
sideration *of theire great losse, doe order, that the foreid sume of seuen
pounds sixteene shillings shalbe remitted to them.

In answer to the petitio of Mary Longe, of Dorchester, for liberty to
marry, this Court declares, there can come no damage to any magistrate, or
any other pson authorized, that shall marry the petitiono"^, pvided she be
published accordinge to law.

Joseph Ai-mitag pferinge a petition to this Court, for the abatment of a
fine of fine pounds, imposed vppon him by Salem Court, which the Court
sees no cause to remit, nor any pt thereof.

In answer to the petition of John Heydon, of Brantry, for releife in
respect of his distracted child, as also some losse latly befalne him, this
Courte doth order, that the id John Heydon shall haue from the country,
towards the charges of keepinge tlie child, fine pounds p aiium, to be payd
out of theire owne towne leuy, & the towne to beare the rest of the charge
till the Courte se cause to withdraw theire benevolence.

In answer to the petition of Richard Carter, for releife in respect of
injury done him by M"" Charles Sanders, who caryed away his wife from liim
to England "without his consent, its ordred, that the sd Saunders be sent for
to giue answer for his so pceeding, & that the petitionor shall haue his case
tryed at the next adjournm' of the County Courte.

In answer to the petition of George Munnings, for the repayreation of the
prison howse, & what is necessary thereabouts, its ordi-ed, that Capt Joh
Leuerett, M'' Thomas Clarke, Capt Edward Johnson, & Ralph Mousall, or
any thi-ce of them, shalbe commissiono" to pcure the same effectually &
suffycyently to be done. And whereas Capt Leuerett, JNI"" Thomas Clarke, &
the Treasurer havie engaged themselues to disburse so much pay as shall
accomplish the sd workc, its further ordred, that, in consideration thereof,
they shall rccciuc out of the publickc treasury so much as they shall disburse

THE MAS8ACHUSP:TTS KAY IN NEW ENGLAND. 233

before hand out of the next country rate, with two shillings a pound allow- 1 {\ '} |.
ance, pvided the worke be done before the next session of this Court. ' ^ '

John Oatis, of Hingham, fferd a petition for the abatment or remission ".' r,
of a fine imjjosed vppon him at a Court at Boston, for his resistance of the t''^-
constable, which the Court thinkes lueetc he should pay.

Elias Parkman pferinge a petition for releife in respect of an atatchm' Parkmausau-
layd vppon two pipes of wine of his owne by Alexander Moiu-ow, for a debt
owinge to him from John Stephens, of Virginia, the sd Stephens havinge
some estate in his hands, which wines beingc sold for eight pounds lesse then
they cost the petitioner, is refcrd to a course of law for the redresse of his
wrongc.

In answer to the petition of William Phillijis, for some allowance in Answ: to M'
respect of foibcarance of what is due to him fi-om the country, its ordred, that ' '''^'
whatsoever is due to him from the country shall be payd him out of the next
countiy rate, which the Court thinkes may be a satisfactory answer to his
petition.

In answer to the request of the inhabitants of Haverill, for a new com- Haverili
mittee to be appoynted to lay out theire * bounds, M' Duiner & M'^ Carlton, r«aoQ -,
who were formerly appoynted thereto, beinge now in England, the Court, in
theire steede, doth appoynt Joseph Jewet, John Halsten, Robert Halsten, &
William Wilds, or any two of them, j)vided Joseph Jewet be one, to lay out
theire bounds, accordinge to the Courts graunt, before the next session of this
Court, & to make returns thereof to the Court.

George Indian, complayuinge of land wrongfully detaynd lioni him on indyans an-
Misticke side, is referd to bringe his action agaynst any that withold it, in
some inferior Court.

Its ordi-ed by this Court that there shalbe a day of humiliation through- Uay oi liumili-
out this jurisdiction, both in respect of o''selues, & England, Scotland, & Ire-
land, the IS"" day of June.

The agreement of xs, the psons whose names are vnderwritten, beinge Watertowuc &
deputed, authorized, & betrusted by the townes of Watertowne & *Sudbury bounds.
for the settlinge of the devision line betwixt the Sd townes, as followes, viz' :
doe consent & conclude that the line which was formerly by 51'' John Oliver
drawne in that place, & the same markes reuised, about three yeares since, in
the psence of some of each of the townes afforesd, commonly called the old
line betwixt Watertowne & Sudbury, that the same line shall for euer stand &
be accounted the true partition line & bounds, deuidinge & limittinge the ex-
tent of the lands of both the townes afforesd, which 5d line is described as
followes : it begins at the southward pt of Concord bounds, runs thence through

vol.. lu. 30

234 THE RECORDS OF THE COLONY OF

1 ().") 1. ;i gicat pine swampe, & one small pccce of meadow, & so to the vpland, &

"^ 1^ ' then to Ml angle betwixt two hills, where a trench is digged, the highest part

Ji M;o ■ ^ J. jj^^ -J j^jjj being eastward, from which angle the line runs away south
about half a ])oynt westerly, Avliich line, from the beginninge next Concord
bounds to the angle aforesd, is about nynty six rod, & this southerly line, that
runs from the angle afforesd vppon a strayght line, as it is now marked, havinge
these remarkable places therein : one rocke called Grouts Head, & a stake by
the cartway leading from Sudbury to Watertowne, & so to a pyne hill, being
short of a pond about eighty eight rod, at which pyne hill Sudbury bounds
ended. Wittnes o' hands herevnto subscribed, each of vs in the behalf of

the townes entrustiuge seuerally.

JOHN SHERMAN,

In the behalf of Watertowne.

walter haynes,
edmund rice,
edmund goodenow,
tho:mas noyes,
john grout,
john ruddocke, &
hugh griffin,

In the bchalfe of Sudbiuy.

Coinissionors
to settle
bounds

We, whose are herevnto subscribed, bcinge, by order of the Generall
Court dated the S"' mo"", 1650, deputed & authorized to settle the bounds be-
tweene Watertowne & Sudbury, doe hereby declare that, v^'pon t^e measure-
inge of the middle line of Watertowne bounds, from the meetinge howse to
[*300.] the length of eight *miles, beinge pformed by Leiutenant Joshua Fisher, be-
inge by the Courte afforesd appoynted therevnto, as also vppon seuerall other
considerations, doe judge that the line before exjjressed & described in the
couenant & agreement betwixt the psons of both the afforesd townes, who
haue subscribed theire names therevnto, is layd out accordiuge to the graunts
formerly made to Watertowne, and doe therefore, for o"^ pts, & accordinge to
the trust to vs committed, settle & determine the sd line to be the true line of
partition betwixt the sd bounds of the sd townes, in all respects, accordinge
as is in theire agreement expressed, & doe fully conceiue with them therein, as
aforesd, to be a iinall end to all difrences in or concerninge the line aforesd
for eucr.

SYilON WILLARD,
ELEAZER LUSHER,
EDWARD JACKSON.

THE MASSACHUSETTS J5AY IN NEW ENGLAND. 236

The Couitc appioues of the leturne of these commlssiono" conceniinge 1 G 5 I .
the bounds of the seuerall towiies herein mentioned, & doe order that it shalbc
recorded in the Court records at large.

Dated 10"' of the 2-1 mo'", 1651.

Its ordred by this Coiu-t, that Watertowne shall haue two thowsand accors Watertowns
of land layd out neere Assabeth Eiuer, joyninge to the bounds of Sudbuiy, in ^^^'^^ "'
respect of such lands as was wantinge to them, which was graunted them for-
merly by this Court, to be the bounds of theire towne, & that Capt Willard
& Leiu? Goodenow are appoynted to se this done & pformed, & to make re-
turne thereof to this Court at theire next session, pvided it be not fjudiciall
to any former graunts.

The bounds betweene Watcrtowne & Concord is by those two townes Watertowne &
aforesd acknowledged to be that wliicli was layd out by M" John Oliuer, & bounds
the rest appoynted for that purpose, and the foresd two townes aknowledge
themselues to be justly satisfyed in that respect, which they desire may be
entred vppon record.

Cutchamakin, vppon his request, hath lifetie graunted to buy 3 pound Answer to

of shott, pvided he leaues a copie of this order where he buyes his shott.

Its ordi-ed by this Court that Hugh Calkin, the deputy for the towne of Caulkins dis-
mission.
Gloc, in regard of his remoueall out of this jurisdiction, vppon his request

shall be dismist from the service of this Courte, pvided y' the towne make

choyce of another, accordinge to law, to supply his roome.

At the request of WilKam Heath, of Roxbury, being aboue sixty yeares "W"" Heaths ex-
of age, this Court thinkes meete he should be exempted from all traynings.

Christopher Collins, appealinge from Salem Court *to the Court of As- [*301.]
sistants, bound himself in a bond of ten pound to psccute to effect, which he Answer to Col-
fayling to doe is lyable to pay the forfeiture to the country, yet vppon his re-
quest hath the forfeiture abated to fower pounds, he beinge releast from the
sentence of Salem Court by his appeale.

Itts ordi-ed by this Court, that Captaviie "William Tvnge slialbe allowed '^^p'- "^i'^s^

. . . 20-.

twenty shillings for Avood spent by the deputyes in the yeare — 1-1, out of
that which is due to the country from him for two guns.

Whereas this Court did in the yeare 16-16 giue cncouragm' for an assem- pUne to be co-
bly of the messengers of the churches in a synode holden at Cambridge, & '"''cted.
did desire theire counsell & helpe for tlie drawinge vp a confession of the tes : C;:pt. L^u
fayth & discipline of o' churches accordinge to the word of God, this Court Thomal"^
doth account it selfe obliged to acknowledge the pious zeale & labours of the Clarke. .A! r.
5d assembly in that worke, which doth appeare by that draught of discipline chen.

236 THE RECORDS OF THE (!OL0NY OF

1651. jpsented to the last Generall Court for theire apobation & allowance, & by
' '' ' them commended to the consideracb of the seuerall churches in this jurisdic-
tion, many of whom were pleased to psent to the last session of the last Court,
by the deputyes of the seuerall townes, seuerall objections against the sd con-
fession of discipline, or seuerall ptyculers therein, wherevppon the Court judged
it convenient & conduceinge to peace to forbeare to giue theire approbation
therevnto, vnles such objections as were ^sented were cleared & remoued ; for
which purpose this Court doth order the secritary to draw vp y« sd objections,
or the princypall of them, & to deliuer the same to the Reuerend M' Cotten
within one moneth, to be coiiiunicated to the elders of the seuerall churches,
who are desired to meete & cleare the 2d doubts, or any other that may be
imparted to them by any other pson concerniiige the sd draught of discipline,
& to returne theire advice & helpe herein to the next session of this Generall
Court, which will alwayes be zealous acording to theire duty to giue theire tes-
timony to eueiy truth of Jesus Christ, though they cannot se light to impose
any formes as necessary to be obserued by the churches as a bindinge rule.

Hinghara& There beinge a diffrence betweene the inhabitants of Hingham & of

Scituate about sixty acors of meddow on the other side of Conehassett Riuer,
the 5d inhabitants of Hingham complayninge of theire grieueance to this
Court, & desirelnge redresse, the Court thinkes meete to referre the con-
sideracb of the matter to the commissiono''^ of the colonyes, to whom it proper-
ly appertaynes to put issue therevnto.

M'Winslowes M' Samuell Winslow, of Salsbury, comencinge a sute ag' W Samuell

Hall, & havinge a verdict past agaynst him at Hampton Court, did appeale
to the Court of Assistants, & gaue bond to psecute, but fayled thereof, &
[*302.] forfeited his *bond, & now g>ferrs a petition to this Court for the remittinge
of the bond ; for answer wherevnto, this Court conceiues the forfeiture of the
bond pply belonges to the party, viz', M"^ Samuel Hall, & doe order, that the
petitiono"" should pay, as a fine to the country for his non appearance at the
last Quarter Court to psecute his apeale, the sumo of twenty shillings.

Major Gen: Whereas the majo' generall having no power by his comissio to issue

forth his warrents for the generall trayninge of his regiment (without the
consent of the counsell of coiTion Avealth) when he shall see good, which is no
more then any one majo'' of a regiment liath, this Court doth therfore order,
that the majo"' generall shall haue power iu the romission to be giuen to
him to call his owne regiment once a yearc, if he sec cause to trayiie tlieni,
witliout the consent of the common wealth.

'rhcrc heiugc a lull fysentod to this Court, which conccrncs some former
& later miscariagcs of 'SV Marniadiikc ^Mathewcs, tliis (.'ourt orders, that the

coiiiission on

THE MASSACHUSETTS BAY IN NEW ENGLAND. 23Y

sd M"' Matliewes be warned to appeare before this Court to make answer 1 G 5 1 .
thercvnto on the fifth day next, in the morninge, before the Court goc on to ' ^ "
any hcai-ing, to any hearinge, thereabouts. M' Matthews

At which time the sd M"" Mathewes appeared, the wittnesses were ex- case,
amined, the case fully heard ; the determination of the Court therevppon was
as hereafter foUowes : —

"Whereas M"" Marmaduke Mathewes hath formerly & lately giuen oiFencc
to maglstrats, elders, & many brethren,, in some vnsaffe, if not vnsound, ex-
pressions in his publicke teachinge, & as it hath ben manyfested to this
Court, & hath not yet giuen satisfaction to those maglstrats & elders that
were appoynted to receiue satisfaction from him, since which time there haue,
in his publicke ministry, ben deliuered other vnsaffe & offenciue expressios
by him, wheraby both maglstrats, ministe"^*, & churches were occasioned to
write to the church of Maldon to aduise them not to pceed to the ordination
of ]\t Mathews, which offences taken agaynst him were also made knowne,
yet, contraiy to all advice & the rule of Gods word, as also the peace of
the churches, the church of Mauldin hath pceeded to the ordaynation of M'
Mathewes, —

This Court, therfore, takcinge into consideraco the ^mises, & the dan-
gerous consequences & effects that may follow such pceedings, doth order,
that both the former & later offences, touching doctrinall poynts, be first
duly considered by a committee both of maglstrats & deputyes, viz*, M''
Bradstreet, M' Symonds, Cap? Hawthorne, Cap? Johnson, M'' Glouer, Cap?
Lusher, Capt Gookin, and Kichard Browne, & Capt Atherton, or the majo'
part of them ; & in case of difficulty, the id coinittee hath liberty to call in
the helpe or advice of any of the reuerend elders whom they shall thinke
meete, & according as the id coinittee shall find, to make report to this Court
at the next session thereof ; and touching the church of Maulden, her offence
in ordayninge him, notwithstanding all advice formerly, that the church
may be referd to answer theire offence, also, the next session of this Court ;
& as concerninge M' Matthewes suffringe himself to be ordayned contraiy
*contrary to the rules of Gods word, which should not haue so pceeded, to [*303.]
the offence of maglstrats, elders, & some churches, this Court doth further
order, that the id M' Mathewes shall glue satisfaction at this session of this
Court, by an humble acknowledging of his sinne for his so pceedinge, which
if he refuse to doe, to pay the sume of ten pounds within one moneth.

Til"" INIathewes, having a day appoynted to acknowledge his offence, gaue M' Matthews

fiue to be col-

no satisfactio before the Court, as he ought, if he would haue freed him solfe lectcd.

238 THE RECORDS OF THE COLONY OF

1651. from the fine of ten pounds imposed on him by this Courte ; & therefore it
^^ ■> ' is ordred, that warrent shall issue out of this Court from the secritaiy to the
marshall to leuy the sd fine on the goods of ]\P Mathewes within one month
after the date hereof.
Settlement of In answer to the petition of John Johnson & W™ Parkes, of Eoxbury,

Weld's estate ouerseers to the last will & testament of Capt Joseph Weld, late of Roxbury,
in Roxbur>'. afforesd, desireinge that the howse & lands, orchard, gardens, bai-nes, & eigh-
teene acors of vpland & meddow to the same belonginge, as it lyes scituate
& beinge in Eoxbury, may be confirmed to Anthony Stoddard & his heires
foreuer, so as the said Anthony Stoddard giues in securitie to the County
Court now in adjournment, & to the sd ouerseers, to both their contents,
to pay vnto Daniell, Sarah, & Mary, as they shall attayne vnto theire respec-
tiue ages, the sume of fifty pounds apeece in cm-rent pay, or to the survivour
or survivours of them the sume of one hundred & fifty pounds, keepinge
them at his owne charge till they shall attayne theire respectiue ages ; & in
case all the sd children should dy before they come to age, then to pay what
is justly due to them did they line, (by theire fathers will & intent therein
exprest, to the first wiues children,) the Court thinkes meete to grant the
petitiono"^ request, & doth confirme the sd howse & land to the sd Anthony
Stoddard accordingly.
J. Milam & vv. The Court, havinge heard the whole case of diffience betweene Jolin

pu,e. Milam, playnt, & W" Franklin, defendant, for diginge away a peece of

Courts opinion, ground before liis brother Humphry Milams howse, as it was tryed by way
of action at the County Court in Boston, (28,) 11% 1650, that Court re-
jectinge the verdict of the jury, who found for John JSIilam ten pounds dam-
mages & ten shillings & seuen pence cost, it was ordred by the Generall
Court, that William Franklin should make the id landinge place vp agayne
as good as it was before he cut it away, before the last of July next, which
then was twenty foote in length & eight in breadth at the one end, & about
foorteene at the other end, as it appead to a coiultte to the Coui'ts satisfac-
" tion, that so Humphry Milam may enjoy his landinge place accordinge to
couenants, or else to forfeit to John Milam all the land y' the id Franklin
hath lyinge & beinge betweene the Creeke & the front of Humphry Milams
howse, &, howcuer, to pay the costs of the Court, which is twenty fiuc
shillings.

Its ordred, that the debt of twelue pounds odd money dew to M'" Eaton,
gouerno' of Newhaven jurisdiction, at his request, be payd to Benjamin Gil-
lam by the Treasurer, to liis content.

THE MASSACHUSETTS BAY IN NEW ENGLAND. 239

*Its ordred, that the Treasurer shall pay the seruants of j\l'' Phillipps I G 5 1 .
forty sliillingcs as a rccompence for theire attendance on the Court ; as also ^ '

ten shillhiges to M'' Bellingha servants for theire paynes. PSO-t 1

Its ordred, that thankes be gluen by this Court to M"' John Norton for jj^^jj, jj^^
his worthy paynes in his full answer to M' Pinchons booke, which at theire ton has £20.
desire he made, & since ^sented them with ; & as a recompence for his paynes
& good service therein, doe order that the Treasurer shall pay him twenty
pounds out of the next leuy.

This Court, takeinge into cousideraco how farre Sathan jJvayles amongst J uue is-* to be
vs in respect of witchcrafts, as also by drawing away some from the truth to ^,.^y „f humil-
the pfession & practise of straung opinions, & also consideringe the state &
condition of England, Ireland, & Scotland, & the great thinges now in hand
there, conceii-e it necessary that there be a day of humiliation throughout
o'' jurisdiction in all the churches, & doe therefore desire & order, that the
eighteenth day of the fowrth mo"" shalbe set apt for that end & purpose, &,
that the depu'" of the seuerall townes glue notice to the seuerall elders of
theire chui-ches of the Courts desire herein.

iatiou.

*Alt the second Session of the Gennerall Court, held att Boston, [*305.]
the M" October, 1651.

HERE was chosen Speaker, Majo"^ Daniel Denison, for the whole ses- H October.

sion of Court. be entred and

Whereas, by favour of the most honourable Parliament of England, or j;;^°p^^j|°J^"'
counsell of state, seuerall quantities of powder & other ainunition are yearly
imported into this jurisdiction for o' necessary vse & defence, now, to the
end that the favour we receiue may not be abused, nor o''selues depriued of
the just & nessessary vse thereof, it is hereby ordred & enacted, that all
mai-chant^ or others that shall import into this jurisdiction either powder, lead,
buUett^, shott, or any aiiiunitio whatsoeuer, shall giue pticuler notice of the
quantitie thereof to the publicke notary, vppon paine or pocnalty of forty
pound^ within one moneth after the landinge of such good^; who is hereby
enjoyned to take pticuler notice of the same, with the marke & number, &
faythfuUy to enter the same in a booke of the names of the persons to whom
they are soi.\ld, or vnto whose power or custody they are toiTiittcd, that lie
may giue accoumpt thereof, vppon oath, to the (iouoiioui-, Deputic (ioiino'',

240 THE IIECORD.S OF THE COLOxNT OF

1651. or any of the counsell t'lom time to time. And the sd notary is hereby

"^ '' ^ phibitcd, vjjpon the paiiic, prcnaltic, of one hundred pounds, to graunt any

certificate vnto any raarchaut or other of any such goodes but such as he

shall haue perticuler notice of, & cutred as aforesd ; and to tlie end tliis

order may be duely obserued, & that no person may plead ignorance thereof,

it is hereby ordred, that the captayne of the Castle shall, vppou the ariuall

of any shippe or vessell in the Massachusett([^ Bay, from any forraigne partes,

giue notice of the content^ of this order to the master or marchant of any

such vessell ; & the cunstablcs of all other port townes in this jurisdiction are

hereby enjoynd to doe the same.

[*306.] *Whercas this Court did, in the yeare 16-16, giue encoui-agment for an

liuoke of Bis- .|sscmbly of the messengers of the churches in a sjTiode, and did desii-e thelre

Contradiccn- helpe to draw vpp a confession of the fayth & discipline of the churches,

Browne, Capt. according to the word of God, which was j)>sented to this Court, & comended

? h- 'j "k™"' ^^ ^^^ seuerall churches, many of whom returned theire approbation & assent

M' Henry Bar- to the 5d draught in generall, & diverse of the churches ^sented some

tholomew, Es- . . .,.,_,,,,

dras Keede, objections & doubt^ agaynst some perticulers in the sd draught, -wherevppon,
\v» Cowdry, j^^ order of this Court, the sd objections were commended to the consideracb
Haynes, Roger „f the elders, to be cleared & remoued, who haue returned theire answer in
Kinsley, Joh: N\ritinge, whicli the Court, havinge pvsed, doe thankfully acknowledge theire
M°Th°'cr'rke ^'^^'"'^^'^ paynes therein, & account themselues called of God (especially at this
Capt. Leueritt, time, Avhen the truth of Christ is so much opposed in the world) to giue

M' Howchen, . . i ~ i t> i e t\- • t

Capt. Tyuge. theire testimony to the sd Booke of Discipline, that for the substance thereol
it is that we haue practised & doe beleeue.

Trade prohib- Whereas, by an order of this Couit, bearinge date the 22'^ of the third

mo"', 1651, all trade with Barbados, Antego, Bermudas, & Virginia is
phibited, & therefore by all masters of shipps or smaller vessells are com-
maunded to forbeare the transportinge of any goods or marchandize to the
foreSd places, as being in rebellion ag' the common wealth of England, vppon
pcenalty of forfeiture of shipp & goodes. Since which time, havinge intele-
gence that the fleete, vnder the coiiiaund of S' George Ascough, is set forth
by the Parliament for the reduceinge of the sd Hand of Barbados, & may
pbably, by Gods blessinge, haue cfected the same, & this Court havinge
recciued a petition from diuers marchant^ and maiinors, for libertie to sayle
forth of these pt^ to the 5d phibited places, or some of them, gluing in
caution not to land any good^in or trade with any the sd places, except they be
reduced to the obedience of the common wealth of England, wherefore it is
r*o07.1 ordred by this Court 'and the authoritic thereof, that the Goucrnour, or any
two magistrate^, sliall liauc power to graunt libertie vnto such as haut or

THE MASSACHUSETTS BAY IN NEW ENGLAND. 241

may desire liberty to sayle forth from hence to any of the aforeSd places, 1 G 5 1 .
takeinge sufEcyent caution, by bond, of one or two thousand pound sterlinge, ^^

-.,,-o,i.i " October.

more or lesse, accordinge to the burden of the shippe & value oi the cargo
they shall sett forth withall.

It is ordred by this Courtc & the authoritie thereof, that all ' fences Swhic to pay
agaynst cornefeild^, nieddow ground, gardens, orchardes or pastures which
are made of stones, pales, rayles, riuers, or creekes, or any other fences which
are allowed by such men as are appoynted in the seuerall townes to view
fences to be sufficyent agaynst greate cattle, all swine breakeinge tkrough such
fences as afforesd, shalbe liable to make satisfaction for all damage, vppon due
proffe, as in other cases, any law or custome to the contrary notwithstandinge.

This Court conceiues it both dishonouable & troublsome, that all times. Fees for the
euen when the most weighty occasions of the country are in hand, the ^, ^^'^ *]■ .

° •' J ' Governor's sig-

Gouernour should affix the scale of this colonie, as often as men haue occa- nature and seal
sions, to letters of attiuney & certificates, & yet haue nothinge for the same, and
therefore orders, that henceforth whosoeuer shall pcure the seale of this
colonie to any certificate, letter of attui-ney, or commission, shall satisfie the
f sent Gouerno'' for the time beinge fiue sliilling^ for affixinge the seale
aforesd, & attestinge therevnto vnder his hand.

Vppon a motion made to this Coiu-t, in the behalfe of the seuerall Troopers
troopers within this jurisdiction, it is ordi-ed, that libertie shalbe graunted
them to choose captaynes ouer theire seuerall troopes, pvided they be such as
shalbe allowed by this Court, as captaynes of foot companies are.

To the end that no other but good & wholesome beere be brewed at any -whoiesorae
time hereafter within this jurisdiction, to be sold either for th
shipps or other smaler vessel^ at sea, or for the vse of travillers, or others
ordynaryes, *and that no wronge be done to any in this mistery, it is ordred [*308.]
by this Coui-te & the authoritie thereof, that no person whatsoeuer, after the
publication hereof, shall vndertake the callinge or worke of brewinge beere
for sale but only such as are knowne to haue sufficyent skill & knowledge in
the art or mistery of a brewer. And fiuther, it is ' ordred by the authoritie Brewers of
afforesd, that if any vndertaker for victuallinge of shipps or other vessel^ for b^^'du/y quaii"
sea, or master or owner, or any other, shall make it appeare that any beere ^"'^ ^°' "><=

purpose.

bought of any person ^vithin this jurisdiction doe proue vnfit, vnwholsome, &
vseles for theire sea supply in that kind, thi'ough the insufficyency of the
mault, or brewinge, or vnwholsome caske, the person wronged thereby shalbe
& is hereby enabled to recouer equall and sufficyent dammages by action
agaynst that person that put that beere to sale. And forasmuch as w*''in this
jurisdiction seuerall ordinary keepers doe brew theire owne beere, it is further ,

VOL. III. 31

rs m

242

THE RECORDS OP THE COLONY OF

165

14 October.
Directions for

Order about
youthes.

[*309.]

Youtbs to be
kept from
dissipation &
idleness.

Choyse of
juryes.

ordred by the authoritie aforesd, that all such as put beere to sale shalbe able
to proue that they put into euery hogshead of beere that they sell for three
pence the quarte, into the brewinge thereof, six bushell^ of good barly mault,
& into euery hogshead of beere sould at two pence the quart, fower bushell^
of mault; & into euery hogshead of beere sould at a peney a quart, two
bushell^ of like good mault, & so proportionably in greater or smaller quanti-
ties ; & whosoeuer shall offend in faylinge in any of these pportions by putinge
in lesse quantities of mault, or sellinge beere at higher prises, shall forfeit for
the first ofience therein forty shilling^, & for the second offence shall forfeite
theire licence ; & that it shalbe lawfuU for any ordynary keeper to brew beere
for sale of three pence the quart, any law, custome, or vseage to the contrary
notwithstandinge.

Vppon information of diners loose, vayne, & corrupt persons, both such
as come from forraigne partes & also some others, here inhabitinge & resid-
inge, which insinuate themselues into the fellowship *of the younge people of
this country, di-awing them both by night & by day from theire callinges,
studdies, honest occupations, & lodginge places, to the great dishonour of
God, greife of theire parent^, masters, teachers, tuto'^% guardians, ouerseers,
& such like, it is ordred by this Court & the authoritie thereof, that who-
soeuer shall henceforth any wayes cause or suffer any younge people or
persons whatsoeuer, whether childi-en, servant^, apprintizes, schollers belong-
inge to the colledge or any other Latine schoole, to spend any of theire time
or estate, by night or day, in his or theire company, howse, shoppe, shippe, or
other vessell, whether ordinary, taverne, victuallinge howse, cellar, or other
place where they haue to doe, & shall not, from time to time, discharge &
hasten all such youthes to theire seuerall imployment^ & places of abode cr
lodginge aforeid, if theire beinge in any such place be knowne to them, or
any servant or other helpe in the family, or supplyinge the place of a servant,
at sea or at land, that then such person, howseholder, shopkeep, shipmaster,
ordinary keeper, taverno'', victualler, or other, shall forfeit the sume of fortie
shilliuges, vppon legall conviction before any magistrate, or others avithorized
to end small causes, the one halfe to the informer & the other halfc to the
country ; & all cunstables in theire seuerall jurisdictions ai'e also authorized to
act herein as is pvided in reference to the law of inkeepers.

Whereas there hath beene complaynt^ made vnto this Court, that vppon
the choyce & suiiioninge of juryes for speciall Court^, there hath beene some
intrenchm'^ vppon the freemens libertie, it is therfore ordred by this Courte
& the authoritie thereof, that the ordinary course for choyce of juryes by the
freemen shall be attended in the choyce & summoninge of juryes for speciall

THE MASSACHUSETTS BAY IN NEW ENGLAND. 243

Courtf^, & no other way in the places where the juryes shalbe chosen & 1651.
sumond. "" ^' ^

There beinge seuerall of the inhabitant^ of the county of Suffollve havinge j^^^„ ^^^
exprest themselues that they hauc suffrcd some wronge in regard the juiyes Sutfolke.
chosen to serue the Court of Assistant^ are alwayes *made choyce of out of [*310,]
the 5d county of SiifFolke to try such actions as are brought fi'om all part^ of
the jurisdiction, which the Court haueinge considred off doth order, that
henceforth all juro" that are called to attend at the Court of Assistant^ shalbe
made choyce of respectiuely out of the county of Middlesex also.

Although seuerall declarations & orders haue bin made by this Court Excess in
agaynst excesse in apparrill, both of men & woemen, which hath not yet taken iestraynd.
that efect which were to be desu-ed, but on the contrary we cannot but to C
greife take notice that intollerable excesse & brauery hath crept in vppon vs, & Order against

costly apparol.

especially amongst people of meane condition, to the dishono' of God, the
scandall of o"^ pfession, the consumption of estates, & altogether vnsuteable to
o' povertie ; & although we acknowledge it to be a matter of much difficultie,
in regard of the blindnes of mens mindes & the stubbournnes of theire wills,
to set downe exact rules to confine all sort^ of psons, yet we cannot but ac-
coumpt it o"' duty to coiiiend vnto all sort^ of psons a so-ber & moderate vse
of those blessing^^ which, beyond o'' expectation, the Lord hath been pleased to
afford vnto vs in this wildernes, & also to declare o"' vtter detestation & dislike
that men or women of meane condition, educations, & callinges should take
vppon them the gai-be of gentlemen, by the wearinge of gold or siluer lace,
or buttons, or poynt^ at theire knees, to walke in greate bootes ,• or women of
the same ranke to weare silke or tiffany hoodes or scarfes, which though
allowable to persons of greater estates, or more liberall education, yet we can-
not but judge it intollerable in psons of such like condition ; it(. therefore
ordred by this Court & the authoritie thereof, that no person within this juris-
diction, or any of theii-e relations depending vppon them, whose visible
estates, reall & psonall, shall not exceede the true & indeferent value of two
hundred poundes, shall weare any gold or siluer lace, or gold or siluer but-
tons, or any bone lace aboue two shilling^ p yard, or silke hoodes or scarfes,
vppon the poenalty *of ten shillinges for euery such offence ; & euery such [*311.]
delinquent to be g>sented by the graund jury. And forasmvich as distinct &
perticuler rules in this case, suteable to the estate or qualitie of each pson,
cannot easily be giuen, it is further ordred by the authoritie afForeid, that the
select men of euery towne, or the majo' part of them, are hereby enabled &
required Sf required, from time to time, to haue regard & take notice of ap-
parrill in any of the inhabitant^ of theire seuerall townes respectiuely, & who-

24 1

THE RECORDS OF THE COLONY OF

1651.

proovmg grca
boots and
ribbons.

[*312.]

terraine all
causes of £ 10
value in Bos-

soeuer they shall judge to exceed theire rankes & abillitle in the costlynes or
fashion of theire apparrill in any respect, especially in the -wearinge of ribons
& great bootes, (leather beinge a commoditie scarce in this country,) the sd
select men shall haue power to assesse such persons so ofFendinge in any
of the perticulers aboue mentioned, in- the country rate, at 200'', accordinge
to that proportion that such men vse to pay to whom such apparrill is sute-
able & allowed ; pvided, that this law shall not extend to the restraynt of any
magistrate or other publicke officer of this jurisdiction, theire wiues & chil-
dren, who are left to theire discretion in wearinge of apparrill, or any settled
millitary officer, or souldier in the time of military servise, or any other whose
education & imployment^ haue beene aboue the ordinary degree, or whose
estates haue beene considerable, though now decayed; & this order to take
place & be of force two moneths after the end of this session of Court.

Whereas it doth appeare vnto this Courte that suites at law are growne
more frequent of late in this jurisdiction than formerly, & especially in the
towne of Boston, by reason of the great concom-se of people & increase of trade
there, whereby County Court^ are much plonged, & forasmuch as many crimes
are also comitted in the id towne, both by night & by day, both by straungers
& other inhabitant^ of this country, which, either tlu-ough the want of infor-
mation, or authoritie not constantly at hand, * sundry ofFendo" & offences es-
cape vnpunished, for the ^vention whereof the Generall Court, assembled at
Boston the 14"^ of October, 1651, haue thought meete that there be seaven
of the freemen resident^ in Boston aiiually chosen by the freemen of the id
towne, & psented to the Coui-t of Assistant^, who hereby haue power to au-
thorize the sd seaven freemen to be coinissiono''{_ for the towne, to act in all
thinges committed to theire trust as is hereafter exprest, who shall, from time
to time, be sworne before the id Court, or the GoQno'' then in beinge, to the
faithfull discharge of that service ; & for this fsent yeare this Court haue giuen
& graunted, & do hereby glue & graunt, full commission & authoritie to M'
Richard Parker, M'^ Nathaniel Dunca, Capt Robert Keayne, Capt W" Tynge,
M' Edwai-d Tynge, M'' Anthony Stoddard, & Capt Joh Leverett, or any fiue
of them, or any three of them with one magistrate, to heare & determine all
ciuill actions which shall be brought before them, not exceedinge the sume of
ten poundes, arisinge within the necke of land on which the towne is scituated,
& in Nodles Hand, or betwixt any parties, where both parties shalbe inhabit-
ant^ or resident^ within the id necke of Boston, or Noddles Hand afforesd, or
any other not inhabitinge w"'in the jm-isdictiou, & also to heare & determine
all ciuill actions whatsoeuer, legally brought before them, not exceedinge the
sum of ten pound(^ afforesd, provided they keepe a booke of records for the

THE MASSACHUSETTS BAY IN NEW ENGLAND. 245

entry of all causes, evidences, testimonyes, sentences, & judgment^, as the 1651.
law pvldes in like cases, which id commissiono''^ are authorized aiiually to ap- ' '^ '
poynt them a clarke of theire Courtes, & to demaund & receiue of euery
playntife, in all causes or actions not exceedinge forty shilling^, the sume of
one shillinge six pence, & for all other actions the sume of fiue shilling^, &
for all other thinges the accustomed fees ; pvlded also, that the sd commis-
siono'^ shall, from time to* time, publish theire Court dayes, as the three
comissiono''^ in townes are by law to doe; & for the better disco.uery,
*^vention, & punishment of sin & misdemeno'^^ in the id towne of Boston, [*313.]
power & authoritie is hereby giuen & graunted to the id commissiono''^ &
euery of them, by warrent, vnder theire or his hand, to convent before them,
or any one of them, all such persons as shalbe complayned of for such of-
fences, or otherwise legally brought to theire cognizance, & to heare & deter-
mine the same accordinge to the lawes here established, as any magistrate
may doe, pvided the fines imposed by them doe not exceed forty shilling^
for one offence ; & that o' id commissiono''^ may the better & more diligent-
ly endevour the suppressing of sin, misdemeno''^, & the breach of the peace
in the id towne, theire commission shall, from time to time, be vnder the
hand of the secritaiy for the Generall Courte, & also all marshall^, cunstables,
& other inhabitant^ respectiuely, from time to time, shalbe aydinge & assisting
o"' commissiono"'^ aforeid in this behalfe, & that no person may be discouraged, inhabitants to
or any way dammaged hereby, it shalbe in the libertie of any person to ap- commission-
peale from the sentence of any of them, from time to time, vnto the Court ®''^-
of Assistant^, pvided that no action arising, vnder ten poundes, within the id
limitt^ of Boston Necke & Noddles Hand, as afforesd, shalbe receiued into
any Courte, & that this commission shalbe of force for triall one whole yeare.

"Whereas there was a law made, in the yeare 1651, concerninge straun- Orde' about
gers cominge into this jurisdiction, wherein all strangers ai-iueing within any jeuluef"
of o"^ port to-ivnes, aboue the age of sixteene yeares, were enjoyned to be ac-
countable before the Gouerno'', Dep' Gouerno"", or two of o'' honou'd niagist^,
of the occasio of theire cominge into these part^, as in that order doth more
largly appeare, which sd order is longe since expired, it^ ordred by this Court,
that the id law be agayne reviued, & be declared by this Court to stand still
in force till this Court shall se just cause to repeale the same.

It^ ordred by this Courte & the authoritie thereof, that all sortes of corne Prises of
shalbe payd into the country rates for this yeare ensuinge at these prises fol-
lowinge, viz', wheat & barly at fiue shilling^ *the bushell, rye at fower shil- [*314.]
linges, pease at three shilling^ eight pence, & Indian at three shilling^ p bush-
ell, all good & marchantable corne, & all other thinges payd into the country

246

THE RECORDS OF THE COLONY OF

1651.

Letters to be
recorded.

Answer to M'
EUott.

[*315.]

HaueriU
enlarged.

M' Dudleys

rate to be valued accorclinge to the prises of all sortes of corne aboue men-
tioned.

It is ordred by this Couit, that the secritary shalbe allowed for his attend-
ance on & service to the Generall Court counsell, & transcribinge the act^
of the commissiono''^, as also for transcribing of letters, & all other service,
besides the benefit of writeinge the orders of the Generall Court for the seu-
erall townes, forty poundes for this yeare, & so foi-ward, & to begin at the first
session of this Courte.

Forasmuch as this Court hath occasion many times of sending letters to
England, to the Dutch, French, Eoade Hand, as also to the other jurisdic-
tions & ordinarylie doe recelue letters from them, & that somtimes such as are
of great concernment to vs, that we may the more readylie find out the con-
tent^ of such letters as afforesd, it^ ordi-ed, that from henceforth there shalbe
two seuerall bookes keept, the one by the secritary, the other by the clarke to
the Deputies, wherein letters & other forraigne transactions, so much as this
Court shall appoynt, shalbe recorded ; & because it is a worke that wiU require
much time & labour, ires beinge many, & some very longe, it^ therefore fur-
ther ordred, that they shall rcspectiuely receiue pportional recompeuce yeai-ly
for theire labours, as this Court shall determine.

In answer to the petition of M"" John Eliot, of Roxbury, & vppon a mo-
tion of the inhabitantf^^ of Dedham, tendringe the furtherance of the Indian
plantatio at Naticke, to allow them two thowsand acors within theire boundes,
pvided they lay downe all claymes in that towne elsewhere, & set no trapps
in vninclosed land, this Court, approueinge theire tender therein, doth order
that the deputies of Dorchester, Roxbury, Watertowne, Cambridge, & Sud-
bury, together with the deputies of Dedham, shalbe a coiuitte to consider &
act further therein, & that in case M' Eliot shall, in the behalfe of the Indians,
desire more of Dedham land, they may stir vpp & moue theire seuerall
townes to further that worke by *yeeldinge some land in each of theire townes
adjacent, to recompeuce Dedham for what land they shall part with ouer &
aboue the two thowsand acors aboue 5d.

This Court haueinge formerly graunted fewer miles square for the
boundes of Hauerill, or such a tract of land, & did appoynt Joseph Jewet,
John Hasletine, Robert Hasletine, & William Wilder, or any two of them, to
lay out theire id boundes, which Joseph Jewet & W™ Wilder haueinge done
accordinge to the Coui-tes graunt, this Court (at the request of the inhabitant^
of Haverill) doth confirme theire 5d boundes, as they are now layd out by the
persons aboue mentioned.

Whereas by two former grauntes of this Courte, o' psent honou'''' Dep'

THE MASSACHUSETTS BAY IN NEW ENGLAND. 247

Gouerno"^ Thomas Dudley, Es^, had grauntcd vnto him fifteene hundred acors 1 G 5 1 .

of land, about fower miles £i-om Concord, which is bounded by the riuer on the ' ^ '

one side, & by laud graiuited to Joh Winthrope, Es^, deceased, on another

side, but it is not expressed how far the 5d 1500 acors should goe alonge

by the riuers side, to make it curtayne, & that no diffrence may arise iibout

the same in time to come, this Court, in answer to his request, doth order, that

the id 1500 acors so graunted to him shall be layd out two miles & a halfe

alonge by the riuers side, & so that he may make vp the id 1500 acors from

the riuers side to the land ward.

In answer to the petition of Symon Bradstreet & Thomas Wiggen, gent, ,M' Bradstreete
for the graunt of one thowsand acors of land on the further side of the riucr
Neewhichawanicke, neere Doner, together with such p"'viledge of timber as
might be vsefull for the imploym' of theire sawmill, this Court, accordinge
to theire request, haue graunted them the id thowsand acors, to them & theire
heires for euer, & also libtie to make vse of any timber for the sawmill whiles
the land doth remayn common.

Hemy Chickeringe, a depu' for the towue of Dedham, vj)on his vrgent Deputy dia
occasions, is dismist the Court for this sessio, there beinge another depu' here
for the same towne.

Whereas the Generall Court, in the begininge of the towne of Dedham, Dedham

graunted vnto the inhabitant^ thereof *a tract of land fiue miles square, vppon

[316.]
the north side of Cha.rles Riuer, but afterward, vppon the layinge out of "Wa-

tertowne line, it did appeare that there was not roome there left for the former
graunt made to Dedham to lye in that square forme before exprest, where-
vppon an other graunt was made by the Generall Court, dated 22"^ of the 3*
mo*'', 1639, orderinge tliat the id tract of land should be layd out to run a
longe, so as the foreSd quantitie should be taken in accordinge as the place Dedham
would beare, in which order also one clause doth restrayne the line, that it °"" ^'
shall not come within two miles of Cochittawate pondes ; but now vppon ex-
perience & testimony ^sented in this Court, it doth appeare, that the foresd
pondes are within lesse then two miles of Charles Riuer, by reason whereof
the sd tract of ^ miles squai-e cannot be taken there according to the graunt,
this Court in consideracii of the pmiscs, doth order, that the foresd clause,
restrayninge the line not come within two miles of the aforeid pondes, be
made of none effect, but that the foreid graunt or tract of land be layd out
accordinge as the place was then capable at that time when the graunt was
made, pvided that Waterto^vne Une be not hindred thereby.

Whereas it appeares vnto this Court, vppo examinaco of ace", that the M' Pococks

248

THE RECORDS OP THE COLONY OF

1G51.

14 October.
M' Pococke.

M' Dunster t

recompence.

[*317.]

Sudbury
bounds layd

C'omissiono"
for Hampton
boundes.

Booke to be
printed.

Deputy
dismist.

formerly disbursed for & towards the vse & benefit of the country, that due
satisfaction may be made, as as is desired, it^ ordred by tliis Courte, that M'
Winslow shall & hereby is both authorized & intreated to make satisfaction
to the sd M'' Pococke by such wayes & meanes as shall ^sent, & that the
Treasurer shall repay it agayne heere to whom M'' Winslow shall appoynte,
& this order to be sent to England to INI"^ Winslow with all convenient
speed.

Ittl^ ordred by the Court, that M'" Henry Dunster shall be impowered to
marry M"" Joh Appleton & JM""* Priscilla Glouer, who haue been published
accordinge to la^^'.

This Court, takeinge notice of the contynuall paynes & faythfuU en-
devours of ISI'' Joh Johnson in the place of the surveyo"" generall, *lookinge
to the country armes, & pcureinge many of the country debt^, judge it meete
he should haue due recompence, & doe therefore order, that he shalbe
allowed fine poundes p annu, & to begin from the time of the Courtes last
allowance to him for his paynes in that imployment.

Accordinge to an order of Court, about three yeares since, the towne of
Suddbury was to haue two miles enlargment vppon theii-e west line, & Cap-
tayne Symon Willai-d was appoynted by the Court to se the sd land layd out,
which -he havinge accordingly done did testifie the same vnder his hand, &
his returne was accepted by the Court, & theii-e sd graunt confii-med.

Vppon the request of the inhabitant^ of Hampton, M"^ Samuell Winslow,
M'' Tho Bradbury, & Leiu' Pike, or any two of them, are appoynted comis-
siono''<^ to lay out the west end of theire towne line towai-ds Exeter ; pvided,
that Exetur haue timely notice of the time when it is to be done, to the end
they may haue libtie to make theire objections, which sd commissiono''^ shall
make returne thereof to the next Courte of Election.

There beinge seuerall armes longe since left in the handes of some of the
inhabitant^ of Salem, which did appertayno to the country, of which fower
musket^ were burnt in the handes of M"" Gaffard, & one beinge in the handes
of o''^sent hono'd Goiin'^, which sd fine muskett^, for seuerall reasons, this
Court doth order, should not be required agayne by the country.

The County Court of SuiFolke, by reason of the busines of the Generall
Court, is adjourned from the 28'" of the 8"» mo"^ to the IS'" of the 9">.

It is ordred by this Court, that the answer to M'^ Pinchons booke, writen
by M"^ Norton, should be sent to England to be printed.

M'' Henry Smyth, the deputy for the towne of Springfeild, havinge a long
journey to travill, & vrgent occasion to returne home, vppon his request, is
dismist from further attendance on the Court.

THE MASSACHUSETTS BAY IN NEW ENGLAND. 249

*Att the request of JNI'" Phillipps, of Rowley, who liath been published 1 (} .") 1 .
accorclinge to law, INI'" W'" Hubbard, of Ipswich, in the absence of a magist, ' '■' ^

U October.

IS hereby empowered to marry Inni. r*'^m i

AVhereas Nathaniel Edward^^ psentcd to this C'ourte a ^\ill made by ^^^ jj,,,^,,!,^^
one Nathaniel Smyth, & therewith as scucral testimoncys to proue that the v<>^'^' '»
5d will was confirmed & allowed by the Pra:rogatiue Court in England, smyth will ap-
yppon pvseall whereof this Court doth also declare to be legall, & doe also P'^""'' ' *'^'
order, that the Sd Nathaniel Edwards shall put in caution to the next County
Court holden at Boston, to be re.sponsall for all the estate of the sd Smyth
lyinge within this jurisdiction, in case the Sd will should hereafter be re-
versed ; & further, at the request of the sd Edwards, this Court doth declare
that the ^^■ill abouc mentioned is the last will & testament of Nathaniel Smyth,
& allowed by this Court.

The returne of the coiTiittec appoynted to consider of y" ire fro JP S' Mase,
& y" cas depending therevpo.

1. AVee find, accordinge to the affirmatio of Capt Hcnfeild, that he, the French case
id capt, had no coiiiission from the majo"' generall, M'" Yale being entrusted
therewith as march' of the vessell, nor had he any coinission from England

then with him.

2. That Capt Lane &. Capt Henfeild gaue chase to two French vessel(^
about 30 leagues beyond S' Johns, but came not vp to speake ^^•ith them,
nor intended then to take them, as he affirmeth.

3. Wc find that Capt Henfeild put fower men aboard a shollop of Cap?
Lanes to sound a harbour he intended to bringe his vessell into for trade,
which shollop, beinge coiiiaunded by Capt Lanes leiut, tooke a j'innacc bc-
longmge to the French as shee was cominge into the mouth of the harbour,
Capt Henfeild^ men assistinge therein without his order.

4. That some dayes after the sd Capt Henfeild tooke some of the French
aboard his vessell, to set them ashore, beinge requested by them, as he sayth,

so to doe, & also put some of *his men aboard the French pynnace, intending \*SU) 1
to buy her, as he aleageth.

5. We cannot find that the major gcncralU^ son had any coiTiaund iu
Henfeilds vessell, nor was euer aboard the French vessell from first to last ; tlv;
y' the majo'' generall himselfe gaue speciall order, both to the capt & march'
of his vessell, not to consort w"' Capt Lane vppon any ternus.

Lastly. We cannot finde that Capt Henfeild had any part of the French
goodes, the vessell beinge retaken by M' I,atour. The pmises considered,
this Court doth order, that caution be taken of Capt Lane, to the value

vol.. HI. o'.l

250

THE RECORDS OF THE COLONY OF

1051.

14 Octol
M' Mat)ie
censure.

[*320.]

Maldon fined.
Contraili-
ccntes :
Capt; Haw-
thorne,
M' Browne,
VVm. Cowdry,
Esdras Reedc,
M' Clarke,
Cap' Leueritt,
Ste: Kinsley,
M' Allen,
M'H

hen.

of 1000", that it may be lesponsall to the French for such wroiige & injury
as vppou due proofe & tryall shall appeare to be done by him.

This Court, haveinge considered of scucrall thinges both charged & proued
aga\ list M"' MathcM'es, of Maldon, as vnsaffc & eronioii.s, doc concciue that,
although the ciuill & churches powers may pceede concerninge oftendor^ in
theire seuerall wayes ■\\'ithout interferinge one with an other, yet in this case,
vppon some considerac(5(^, they judge it doth stand -with wisdome to haue the
churches to act before- themselues, & therefore they thinke meete & doe
appoynt the church of INIaldon spccdyly to consider of the en-or^ INI'' Mathewes
standes charged with in Courte. And in case, vppon the churches deallnge
with him, he doth acknowledge his error^ & vnsaff'e expressions, & giue satis-
faction vnder his hand, so as the secritary, being certified thereof, doe aquaynt
the counsell therewith within six weekes, the matter at psent may so rest ;
else the secritary shall giue notice vnto the churches of Cambridge, Charles-
towne, Lin, & Readinge to send theire messengers in way of counsell &
advice vnto the church of Maldon, (not excludinge any other churches with
them,) to debate the doctrines there deliuerd by !M'' Mathewes, now in
(juestion, that by this meanes the truth may the better appeare, & y' they
psecute the same to effect, according to the rule of Christ, for the convictio
of y^ sd M' Mathewes, & helpfullues of the church of iNIaldon.

*The Court, hauiuge pvsed an answer of the church of !Maldon, touch-
inge those thinges wherein they had giuen offence, are not satisfied therewith,
& doe therefore judge, that the members of the church of Maldon shalbe
fined for theire offences the sumc of fifty poundes, which shall not extend to
any which shall not extend io any pson that hath giuen satisfaction to this
Court ; & doe judge it meete that the execution should be leuied on the es-
tates of INI"' Joseph Hill^, Edward Carringto, & Joh Wayte, & that they be
hereby impowred to make ^portion of the sd sume on the rest of the mem-
bers of the church, except before except exemption also to such as consented
not to !M'' ilathewes ordination.

Whereas, by the e.xtent of the line of o'' pattont, it doth appeare that the
towne of Kettery, & many miles to tlic nortln\ard thereof, is comp>hended
w">in o'' graixnt, & forasmuch as this Coiute hath bcenc informed, that there
hath becne a late endeuour of seuerall psons thereabout^ to di'aw the inhabit-
ant^ of Kettery, who gouerne now by combination, to petition the Parliam' of
England for a graunt of the sd place, which the major pt of the inhabitant^
refused to doe ; many of them expressinge theire willingnes rather to submitt
themselues to the goucrnm' of the ^lassachusettf^.

'J'liis Court, (akcinge into considcracti the pmiscs, together w"" the

TFIE ^lASSACmiSKTTS BAY IN NEW ENGLAND. 251

commocliousnes of the Riucr of Pascal, & how pjudiciall it would be to this 1 (> 5 1 .

gouenim' if y" aiForeid place & riucr should be possessed by such as are no * ^ '

fFriend^ to vs, hath ordi-ed, that a lovinge & ffrieudly ire be sent from this

Court to tlie Sd inhabitant^ of Kettery, aq^uayntinge them w"» o' afforeSd right,

& coiuission graunted to ISI"^ Synion Bradstreete, Major Daniel Denison, &

Cap? W"" Hawthorne to trcatc w"' them, accordingc to instructs giucn, to

veceiue them vnder this gouernment, if ternies of agreement can be concluded

vppon by mutual consent ; otherwise, haveinge made knownc o"" right, & layd

clayme to the place, to {)test ag' any further pceeding^, by vertue of theire

combinat or other intrest w'soeuer ; & M' Belingham & M' Symonds to draw

vp the ire & instruction accordingly.

*In answer to a petition of the inhabitant^ of Strabery Banke, for the [*321.]
layinge out of theire townshippe & seuerall other thinges exprest therein, this ^'^1'''^^^ ^'™''
Court thinkes meete to graunt the petitionor^ all the land betweene Hampton
& them, that is not already graunted to townes or persons, (Squaniset pattent
excepted.)

2^^. That ■NP Ambrose Lane, M'' Brian Pendleton, & Henry Sherbourne Associats.
are hereby for one whole yeare invested with ample power as associate, & be
enabled with Cap? Thomas Wiggan to keepe one Court in a yeare at Strabery
Banke, viz', at at such time as Cap? Wiggan shall appoynt, to try all ciuill &
ci-iminall actions, as other Shire Courtes w*''in this jurisdictio doth, & each of
y" power to administer an oath ; as also the three commissiono'^, or each of
them, shall haue power to keepe the peace amongst the inhabitant^, & to
graunt warrent^ to bringe before them such as shall brcake the pocnall lawes,
the pcenalties whereof exceede not forty shillinges, & all offendor^ whose
pcenalty shall exceed that sume afforeid to bind ouer to the County Court, or
send them to some magistrate, to be pceeded with accordinge to law ; & they
haue the like power to end small causes as three men in townes haue; & for
what else is mencod in the petition, the Court referr^ it to the next Generall
Court of Election, to be considred & determined, pvided they haue or shall
take y' oath of fidclitie to this goQm' before they act accordinge to this com-
mission.

In answer to the petition of Anna Palgraue, of C'harlstow:, widdow, this Palgraus an-
Court doth confirme her as the sole executrix of her late husband, Richard
Palgraue, & doth also hereby conferre all her id husband^ estate vppon her &
her heires for euer, accordinge to the desire & true intent of tlic testator,
exprest in his will.

In answer to the petition of Susanna Rashleygh, whose husband, depart- Rashleygha
inge hence longe agoc, was neuer heard of, this Courte thinkes meete to ,

252 THE RECORDS OF THE COLONY OP

1651. graunt vnto the id Susanna Easliley a free estate & tytle to the howse & land^
" ' ' of her late husband, Avhereby shee may be enabled to dispose thereof for her

14 October. o i

best advantage & good.
Venners an- In answer to the petition of Thomas Venner; for the heariuge of a case

^"^'^'^' betweene M"' Gayncr & himselfe, that so he be not hincked in his voyaffe, *but

~~ haue both himself & shipp cleared, it^ ordred, that the id shippe be freed, &

yt -}jIt Venner, or whom else it concernes, giue in securitie of one hundred

pound^ to the County Court, to be responsall to answer M' Gayner in the

action in a court of justice.
M' Hubbard to Att the request of the towne of Hingham, Leiv' Joshua Hubbard is

hereby appoynted & authorized to marry such psons there as ar published

according to law.
Comittee to AVhereas, in the yeare 1650, there was a committee chosen to pvse a

Mercatoria &c. hooke Called Lex Mercatoria, & to extract from thence such lawes as might
Lex Mcrcato- |,e suteable for o"^ vse in this common wealth, which sd committee haue not yett

ria.

mett according as was then concluded, that the id order may be further pse-
cuted, it(^ ordred by this Court, that the accomplishinge of that worke
shalbe refcrd to INI'' NowcU & the audito"^ generall, who are hereby chosen
a committee, & desired to pvse the sd booke, & to collect from thence such
lawes as they shall judge meete for o' vse accordinge as y' order doth dii-ect,
& to make retiirne thereof to the next Generall Court.

Answer to Capt Eofet Keayne, M'^' Joh Coggan, INI"" Newgate, ]\I'' Pen, Samuel Cole,

M'Coggan.&o. "-^ George Burden, p>feringe a petition for releife in respect of vnjust molesta-
tion, as they conceiue, from Sagamore George, ^ptending a tytle to certayne
];uid^ at or about Rumny Marsh, in answer to which this Court doth order
tliat their petition Ije graunted, pvided that the petitiono'^^^ lay out twenty acors
(if good plantinge land in some convenient place, such as this Courte shall ap-
])roue off, for Sagamor George to make vse off; but if Georg Sagamor sell it,
the petition''^ are to haue the refusall of it. And it is also further ordred,
that if the petition''^ shall refuse to lay out twenty acors of good planting land,
as is before cxprcst, that then the id Sagamor is pmittcd the licncfitt of the
law to rccoucr what right he hath to the land.

Capt. Allen tu ('apt Hozoone Allen, beinge heretofore intrusted w"' one barrell of pow-

der by the country, for which ho was sued by the surveyo'' generall, & payd
ton pounds & fine shillingC^, vppon his request to this C'oiirt, (in regard of the
[*323.] badncs of tlie .^d powder,) *it was ordred, that he should bo alowed fower
]M)uud out of tlie treasury in satisfaction of Avhat was taken from him.

Capt. Haw- In consideration of twenty poundes due to Capt W"' Hawthorne, as be-

tliis rnlonie, it^ ordred, that by way of satisfaction for

]ioncc

conimissioni

THE MASSAOITITSKTTS 15AY IX XMW ENGLAND. 253

his good service in that place & iniployment, he, tiie i5d cap?, shall haue all 16 51.
that pcell of land bought of M' Knowles, lyinge in Kettery, & abuttinge "^ ^ '

H October.

on Pascataq. Riuer, graunted to him & his heires for euer.

This Coiu-t haueinge heard the returne of the coinittee appoyiited to heare wicherdens
& examine the matters depcndinge betweene Joh Wicherdon & M'' W™ As-
pinwall, contaynd in a petition ^ferd to this Courte, in answer wherevnto the
Court hath past these seuerall votes followinge : —

1. They judge it meete that the sd Wicherdon should haue his execu-
tion graunted agaj^ust M"' Aspinwall.

2. That the sd Wicherdon should haue his bill of cost^ of two poundes
sixteene shilling^ graunted vnto him, vnles M'' Aspinwall pduce the determina-
tion of y' Court that did abate the same vnder M"^ Nowells hand.

3. That M"' Aspinwall shall pay the id Wicherden another bill of charges
for his attendance & his wittnesses for seuen dayes vppon this Court, the sume
of two pounds & thu'teene shilling^.

In answer to a petition ^ferd by seuerall of the inhabitant([^ of Hampton, Hampton's an-
for releife in respect of vnjust molestation from some psous there ptendinge
power for what they doe from M"^ Batchelo'", it^ ordred, that whatsoeuer good(^
or landes haue ben taken away from any of the inhabitant^ of Hampton, af-
foresd, by Edward Calcord or Joh Sanbourne, vppon ^tence of beinge author-
ized by M"^ Batchelo'', either with or without execution, shalbe returned to them
from whom it was taken, & the execution to be cald in, & no more to be
graunted vntill there appeai-e sufficyent power from M'^ Batchelo' to recouer
the same, to the County Court^, either of Salsbury or Hamjoton.

"Wliereas the sui'veyo'' generall did arrest Roger Shaw, of Hampton, for Powder fr6
eyght poundes, for a barrell of powder which was due from the towne of '""^ °"'
Hampton, & the sd Roger Shaw did acknowledge a judgm' of the same,
wherevpon this Court doth order, that the id Shaw shall haue power to make
a leuie vppon the inhabitant^ of Hampton, for the payment thereof, forth-
■^^•ith.

*M'' Thomas Gayuer pferinge a petition coutayning seuerall complaynt^ [*32-4.]
of wronge & injury done him by M'' William Aspinwall & Edward Bendall, Gayners an-
in reference to seuerall account^ about his sliippe, which the Court haveinge
referd to a committe to be examined, they returne as followeth : —

1. That whereas fine thinges are moued for in the petition ; first, for ex-
ecution for 29" T* G'', although W Gayner hath receiued fiue pound^ thereof,
yet he shewes not any right he hath to it to demaund the same.

2'-^ To the 24" 5' 6'^ he sues for, payd them, as M' Aspinwall & M"" Ben-
dall say, by contract for atturnyshipe & trouble for the seamen, we se not that
any tliinge thoreof ptoyned to liiiu, tlie sd petition''.

254

THE P.l'X'OHDS OF THE COLONY OF

Springfeilds
libertie.

Doners fin
respitted.

Douc-r no dep-

Newbery (
signe.

[*325.]

Emerycs an-

Reddinge c
Urged.

3'' tlilnge he sues for is, that the sd Aspiiiwall & Bendall may giue in
acco vppon oath. We hiul they hauc done so by the testimony of M' Nowell.

4'". For theire briiiginge receit^ w'''^ M' Gayner sues for, we find vppon
record a receit & discharg from the seamen to Majo' Generall Gibbons, who
bought the sliippe, & that M"' Aspinwall & Bendall are not, as atturneyes,
lyablc to pduce them to M"' Gayner, except he was atturney to the seamen.

For the last, to haue lifctie to pceede in common law, we know not but y'
the law is open, havinge cause & power to sue by.

This t^uruc of the committee the Court doth order shalbe the ans\\'er to
M' Gayncrs petition.

^'ppon a motion of the dej)uty of Sprlngfeild, in the behalf of theiie
towne, it(^ ordred, that the inhabitant^ of Springfeild aforesd shall be at
theire libtie whether they will send any deputie at the latter sessio of this
Court, from yeare to yeare.

The inhabitant^ of Doner being vnder a fine, 10'', for neglecting to send
a deputie to this Court, vppon the request of M'^ Maud hath theire fine respit-
ed, & not to be levied till the next Court of Election, that the Court may
judge of Doners answer.

There being no deputy appearing from the towne of Doner, neither this
nor the last session of this Court, this Courte thinkes meete, & doe therefore
fine them ten pound^ for theire neglect.

Whereas it was ordred, the last session of this Court, that the towne of
Newbery should goe to a new election for theire ensigne, in respect the last
choyce was not cleare, which accordingly they haue done, & haue legally made
choyce of Benjamin Sweete, wliich, vppon theire request, this Court doth doth
aproue of for y* place, & hereby confirmes him therein.

*In answer to the petition of Joh Emery, of Newbery, power is hereby
graunted him, according to his desire, to sell a ccrtayne iland -\\hi'.-h was left
to three of his wiues children ; & also a howse & six acors of land wliich was
bound to make good twenty pound^ to other three of her children, pvided he
giue securitie to the County Court at Ipswich to pay y" children the full prise
the land shall be sould for, & make the three childrens twenty nobles a peece
eight ponndes a peece, »& pay the daughters theire portions at eighteene yeares,
& the sonnes at twenty one yeares old.

In answer to the petition of the inhabitant^ of Reading, this Court doth
graunt them, as an addition to theire former bound^, a certayne tract of land
about two miles content, lyinge betweene jM"^ Belllnghanis farme & the great
riuer, & so to joyne to theire former fower miles graunt, so as it hath not
beene already giaunted to any towne or person, nor pjudiceingo any former
"rauuf.

THE MASSACHUSETTS BAY IN NEW ENGLAND. 255

In answer to the petition of Dorothie Lamb, Elder Isaake Heath, cS: Joh 1 H 5 I .
Johnson, who haue sould a certayn pcell of land, contayning three quarters of '

It October.

an acor. Jit meddow, pt vplaud, vnto William Parkes, William Cheyncy, ^^^^^^ ^^^_
Thomas Baker, & Mary Wooddy, this Court doth ratifie & confirmc the sd swer.
sale, according to theire desiies exprest in their petition.

There beinge a ire ^seated to this Court vnder the hand of ^i' Pococke, M^ Pococke

to be payd.

wherein it appeares the country is debter to him to the value of fifty pouud^
for goods longe since sent oucr for the countryes vse, that due satisfaction may
be made as is desii-ed, it^ ordred, that the Treasurer shall pay the foreSd fifty
pound^to wliomsoeuer shalbc authorized to rcceiuc the same.

In the case betwecne Capt Joh Wall & M" Thomas Ford, after the Court ^'apt. Walls
had fully heard what the parties could say, the Court determined that Capt
Joh Wall should giue securitie to satisfie M'^ Tho Ford, his heires, executo"^,
or assignes, the sume of three thowsaud three hundred forty & one pound
weight of sugai', at the Barbados, by the last of June next, abateinge fowcr p
ceu' for the payment thereof at y' time ; & it Is ordred, that the clarke of the
County Court at Cambridge shall deliuer vp to Capt *John "\^'"all, or his [*326.]
assignes, the originall band w"" was deliuered into the id Courte ; & for the
charges of the Court for the time expended in hearing y« cause, the Court is
willinge to remitt it, being they are both strangers, & not aboue tM'o howers
in heariuge.

In the case betwecne Capt John Wall & M'' Henry Groome, after tiic Henrj Groome
Court had heard fully Avhat the parties could say, the Court determined ^Q^ao^,°ede-
that ]\P Henry Groome, accordinge to the order of the County Court in ™»s<:'i-
Cambridge, should be executo' to the last will of his brother, M"^ Nich"
Groome, & y' Capt John Wall should surrender all the good^ & estate belong-
inge to the sd Nicholas Groome to the sd Henry Groome, y* sd Henry Groome
glueing in securitie to the id Capt John Wall to saue him harmles from all his
engagment^ to 51'' John Daniell, of Bedrest, one hundred & three pouudes
whereof is satisfied to the id Groome, & that the attatchment ag' Capt John
Wall, to answer the id Henry Groome at the next County Court for the same,
be deliuered vp to the sd John Wall agayne.

Wheareas this Court did graunt vnto the townc of Roxbury -tOOO acors Ma.ioi Dcuisos
of land, 2GT whereof was assigned to M'' Dcnison, the which he, by a dccde
as yet appearinge, gaue vnto his son, Majo' Daniel Denison, vppon ^^•hosc re-
quest this Court doth confirme the id graunt, & in consideration thereof, as
also theire favour to him, doe graunt to him & his heires, for eucr, six hun-
dred acors of land, where it may be found, arcording to law.

^ ppou the petition of Jane (niy, widdow, liberty & power i~; gi-aiuitcd to uii^sivct.

256

THE llECORDS OF THE COLONY OF

M' \Viut)irops
gratuity of -10".

M'Endccottf
graunt.

[*357.]

Capt. GcrisU to

Answ. to M"
Torn-on.

Milam.
Seaberies.

her to sfll such hinds & howsiui;- ;is was k'l't hor hy her hite husband,
Nichohts (iuy, to satlsly a debt ol' forty pound{^ owciug at his death, & the
rest ot" his estate is settled.

M' John AVinthroi), beiugc debter forty pouud<^ to the country for
Docto"^ Child^ fine, hath the sd forty pound^ giucn him in consideration of
service done for this country in England.

^'pon the request of o'' ^sent Goucrno'', Joh Endecott, Esquire, this
Court doth graunt him three hundred acors of woodland, tendinge to the
furtherance of a copper worke he intend^ to *set vp in a place called Blind
Hole, neere to a farm formerly graunted him, the sd land not beinge formerly
graunted, pvided he set vp his sd workes within seuen yeares.

'S'ppon tlie request of the inhabitants^ of the towne of Newbery, Capt
W"' Gerish is appoyntod to marry such as shall be published according to law
in that towne.

Anne Tompson, late wife of Symon Crosby, of Cambridge, psentluge a
petition, consisting of diners pticulers, viz', pardon for not proueing her
husband^ will in season, lifctie of administratio to his good<^, confirmation
of her childrens portions as they were agreed vppon by the elders & deacons
of Cambridg, as also liberty to sell the house & land^ of her late husband ;
all which this Court, havinge cousidred of, thinke meete to graunt, pvided
shee put in good securitie to the Court at Cambridge to pay the childrens
portions according to agreement.

M"' Samuell Symonds, vppon his request, hath three hundred acors of
land graunted him, with the timber thcrevppon, beyond the Riuer Merrlmacke,
where it may be found in the power of the Court to graunt, so as he or his
assignes set vp a saw mill within the space of seuen yeares.

In answer to the petition of John Lewes for fifty shilling!^ expended
toward^ the mayntenance.of M"* Cole, its ordrcd, that his petition be graunt-
ed, & fifty shilling^ payd out of the next leuie, it beinge the last the country
is like to pay for her, whose extremity was such as deserued pytty.

John Milam, by order of John Seaberies wife, he also approueinge of the
same, made sale of a certayne howse to Alexander Addams for forty fiue
pound^^ payd, the other ten to ^ ready to be payd vppon confirmation of the
tvtlc, which, vpo his request, this Court thinkcs niectc to graunt, pvided
the sd ten pound^ be secured from Alexander Addams to the next County
Court, to be in a readyncs on all dcmaund(^ to be deliucred to the true heire
of the ;d Seabcric.

In answer to tlie petition of Katterinc. the now wyfc of Ivichard Haugh-
ton, \'ov advise conccrningc the disposuig of her former husbandt;^ estate, it(_

THE MASSACHUSETTS BAY IN NEW ENGLAND. 257

ordred, that the petition'' should haue lifctie & power to sell her sd hus- 1 G 5 I .
band^ howse to satisfy the debt^, *as is desired, & administration is graiinted
to the petition"" ; & what remayncs of the nynteene pound^ in the inventory
exprest should be to the benefitt of the woman for bringinge vp of the
two children.

Whereas the Court & jury did not agree in Crosmans case, who is now C'rosmans cen
a prisono' for blasphemy, & so, it necessarylie cominge to this Court to be
determined, the Court, on a full hearinge of the case, vppon the evidence
giuen in, doe order & determine as follows, viz' : that the sd Crosman be
seuerely whipt in open market place, & imediately after to be burnt in his
forehead with the letter : B :, & also to be banished for euer out of o"" juris-
diction.

This Courte doth judge it meete, & is willinge, that all patience be exer- -M' Pinchons
cised towards M' W" Pinchon, that, if it be possible, he may be reduced
into the way of truth, & that he might renounce the errours & haeresies pub-
lished in his booke ; & for that end doe giue him time to the next Generall
Courte in May more throughly to consider of the sd errors & heresies in his
id booke, & well to weigh the judicious answer of M"" John Norton thereto ;
and that he may giue full satisfacco for his offence, which they more desire
then to pceede to so great a censure as liis offence deserues, in case he should
not giue good satisfaction, the Court doth therefore order, that the judgm'
of the cause be suspended till the Generall Court in May next, & that ^P W™
Pinchon be enjoyned, vnder the poenalty of one hundred pound(^, to make his
psonall appeareance at & before the next Generall Court, to giue a full answer
to satisfaction, (if it may be,) or otherwise to stand to the judgm' & censure
of the Courte.

It is ordred, that the judgm' of ten poundes graunted by this Courte M' Mathews
ag' M"^ Marmaduke Mathewes, the execution thereof shalbe respited till other
goodes appeare besides bookes.

M"" Eichai-d Leader, beinare acused by Theodore Atkinson & "W" Wil- M' Leader

... . -"cused.

cockes for some blasphemous expressions vttred in his passage betwixt this .Jc
England, it was put to the vote whether the sd M"" Leader was to be respoa-
sall for what was evidenced ag' him in this jurisdiction, the wordes beinge
spoken neere about the midway betweene this & England, & it was resolued
in the negatiue, & so he was freed from his bond^ for appeareance, & likewise
from his bond for good behaviour.

M' W"' Aspinwall, beinge accused for charginge the Court & jury to goc -M' Aspiuwaiis
ag' law & conscience in *makeinge the landlord to pay rent to the tenant, ^^ „^q ..
wliich the Courte, haueinge heard & examined, doe order & determine as

258

THE RECOUDS OF THE COLONY OF

Recorder for
Suffolke.

Clark of y
writts for B c

followcs, viz' : that from henceforth the sd M'' Aspinwall shalbe suspended
from the exercishige the office of recordo'', or clarke, in any County Court,
as also to pay the sume of thirty shilling^ to the jury for thelre attend-
ance & eutrlngc the petition, & for the attendance of two wittnesses, fewer
shilllnges ; &

It^ ordred that ]\P Edward Kawson, secritary to the Generall Court,
shall henceforth be recorder for the county of Suftblke, & that M' Aspinwall
shall deliuer him all the records belonginge to the Sd county.

It^ ordred by this Court, that, vppon the request of the inhabitantf^^ of
Boston, Jonathan Negoos shalbe aproued of as clarke of the writt^ for that
lovvne, in the roome of M' Aspinwall, who is hereby ordred to deliuer him
tlie recordes of deathes, birthes, & mariages, as belonginge to that office.

1652. *Att a Court of Election, held at Boston, the 27"' of the 8" Mo"
•^—' Anno 1652.

27 May.

[*'^^0-] "Where was chosen

John Endecott, Es^, Gouernou''.
Thomas Dudley, Es^, Dept Gouerno'.

AsistantC.: Eichard Bellingham, Es^,
Increase Nowell, Gent,
Symon Bradstreet, Gent,
Samuel Symonds, Gent,
"William Hibbens, Gent,
Capt Eoijt Bridges, Gent,
Thomas "Wiggan, Gent,
John Glouer, Gent,
Capt Daniel Gooken, Gent.

Rot)t Sedgwicke, Es^, Majo'' Generall.

Symon Bradstreet andl _

Capt W- Hawthorne,/ ^^'^^' Comissiono^t ^r this colome.

Edward Rawson, Gent, chosen Secrit<u-y.

Richard Russell, Gent, chosen Treasurer.

The names of the Deputyes : —

Salem : Cap? "W"' Hawthorne, SI"' Henry Bartholomew.

Charlstowuc : ^\' Richard Russell, Capt Leiut Norton. '

THE MASSACHUSETTS BAY IN NEW ENGLAND. 259

Dorchester: Leiu? Roger Clai^p, Hopstill Foster. 16 52.

Boston : Capt Joh Leuerltt, Leiiit Tho Clarke. ' r '

Roxbury : M' John Johnson, M'^ Edward Denison. 27 May.

Watertowne : M' Richard ]3rowne, M' Ephraini Chihl.

Linn : M'' Tho Layton.

Cambridge : -jM'' Edward Jackson.

Ipswich : Major Daniel Denison, 'M" Joh Whipple.

Newbery : Capt W'" Gerish.

Waymouth : Henry Kingman.

Tiingham : Capt Bozoone Allen, jNI'' Jerimiah Howchen.

Concord : Capt Symon Willard.

Dedham : Capt Eleazer Lnsher.

Salsbury : INI"^ Tho Bradbury.

Hampton : Roger Sha'^^•.

Rowley : Joseph Jcwett, INIaximilian Jewett.

Sudbury : Edmund Rice.

Brauntry : Stephen Kinsley, Samuel Bass.

Douer : jNI"' Valentine Hill.

Glouc : Robert Tucker.

Woobnrne : Capt Edward Johnson.

Wenhani : M'^ W'» Fiskc.

Hauerill : W Rofet Clement^..

Readiugc : W™ Cowdry.

Springfeild : j\P W™ Davis.

Maldon : M'' Joseph Hills.

]\Ieadfeild : Tymothy Dwite.

Major Daniel Denison chosen Speaker for the session.

W"" Torrey chosen Clarke for the yeare ensuinge.

M"' Ephraim Child & Joseph Jcwet chosen Stewards for the yeare ensuinge.

ri'^HE Holy Scriptures of the Old & New Testament being written by the Uonyersof
JL prophet^^, apostles, & holy men of God, inspired *inspired by the Holy r»noi -1
Ghost, contayninge in them the infallable «& whole will of God -w"^ he purposed
to make knowne to mankind, both for liis owne worshipp & service, & also for the
instruction, obedience, fayth, & saluation of man, yf'^ yet by hseretick^in fonner
ages, & now of late by others, haue beene oppugned & denyed so to be, wliich, if
conuiued at, would manifestly tend to the ouerthrow of all true religion & sal-
uation, ffor the ^vention of so haynous a crime, it is therefore hereby ordred &
enacted, that what pson or psons soeuer pfessinge the Christian religion, aboue
the age of sixteene yeares, that shall within this jurisdiction wittingly &
willingly at any time, after the publication of this order, deny, either by word Denying the
or writing-, any of the bookes of the Old Testament or New, viz', Genesis, tares, penalty.

260 THE RECORDS OF THE COLONY OF

1G52. Exodus, Leuiticus, Numbers, Deuteronomy, Joshua, Judges, Ruth, Samuel,
' '' ' Kinges, Chi-onicles, Ezra, Neliemiah, Hester, Job, Psalmes, Proverbs, Eclesi-
astes, the Song of Soloman, Isaiah, Jerimiah, Lamentations, Ezekiel, Daniel,
Hosea, Jo»l, Amos, Obadiah, Jonah, Micah, Nahum, Habacucke, Zephaniah,
Haggai, Zachariah, Malachi, Mathew, Marke, Luke, John, the Act^ of the
Apostles, the Epistles to the Eomans, Corinthians, Galatians, Ephcsians,
Philipians, Colossians, Thessalonians, Tymothy, Tytus, Philemon, to the He-
brewes, the Epistle of James, Peter, John, or the Reuelation, to be the.written
& infallable word of God, or if any pson, as afforeSd, belonginge to this juris-
diction, shall committ the sd crime vppon the sea, not beinge or belonginge to
the jurisdiction of any other common wealth, shalbe forthwith apprehended
by y" next officer or officers, whether marshall or cunstable, or theire deputyes,
who shall haue power so to doe by warrent from any one of the magistrates, &
shalbe committed to y^ prison, at .Boston, without bayle or majaiprise, there to
be safly keept till the next County Court, where, vppon sufficyent testimony
brought agaynst the sd delinquent, he shalbe adjudged for his offence ; after
Icgall conviction, to pay such a fine as the Coui-t, which shall have cognizance
of the crime, shall judge meete, not exceeding the sume of fifty pouiides, or
slialbe openly & seuerely whipt by the executionor, whether cunstable or any
other appoynted, not exceeding forty stroakes, vnles he shall publickly recant
before his sentence, which if he doe, he shall not pay aboue the fine of tea
pound^ to the Treasurer, for the vse of the common wealth, or be whipt in
case he pay not the fine. And it is further ordred & enacted, that if the sd
ofFendo', after his recantation, sentence, or execution, shall the second time
publish & obstinatly & pertinaciously mayntayne the id wicked opinion, he
shall be banished or put to death, according as the Court shall judge.
[*332.] *There beinge complaynt made to this Court concerning e\-idences which

Euidences to .me often ^sented to o'' court^ of justice, bemge hardly legible by reason they

be faire writ- , •,, . . i /■ i -i- t i • i

ten, lire so badly written, & many times much false English appcares in them, so

y' they are altogether vnfitt to be keept vppon file, for the rectifying whereof,
it is ordred by this Court, that henceforth it shalbe left to euery Court, magis-
trate, or commissiono'' to order & regulate what they shall judge meete
concerninge the same.

tpswich prison. Whcrcas there is only one prison in this jurisdiction, & very inconvenient

to send psons so farr remote to the prison at Boston, when there is occasion,
it ^'therefore hereby ordred, that there shalbe an other prison erected in this
jurisdiction, & that to be at Ips witch; & that there shalbe allowed by the
country forty poundes for the effectinge the same ; & the worke to be caried
on & managed by the select men of the sd towne.

THE MASSACHUSETTS BAY IN NEW ENGLAND. 261

Whereas, in the late order made agaynst excess in aparill, in the 8"" mo"' 165 2.
last, that clause in the first draught, viz', (or silke hoodes or scarfes,) was, ' ^ "^
through ouersio:ht in the transcribinge, omitted, this Court doth therfore order, , , ,.'. /.,

5 o o ' ' ' Addition to the

that the foresd clause be added to, & vnderstood to be as a part of the law law about apar-

riU.

afforesd.

It is ordrcd by this Court & the authoritic thereof, that the j^rintcd order Order about
about money shalbe in force vutill the first of the seuenth mo"' next, & no
longer ; and that from & after the first of September next the money here-
after appoynted & expressed shalbe the current money of this common wealth,
& no other, vnles English, except the receiuers consent therevnto. In psu-
ance of the intent of this Court herein, be it further ordred & enacted by the Coining money
authoritie of this Court, that all psons whatsoeuer haue libertie to bring in
vnto the mint howse, at Boston, all bullion, plate, or Spanish coyne, there to
be melted & brought to the allay of sterling siluer by John Hull, master of
the sd mint, & his sworne officers, & by him to be coyned into twelue pence,
six pence, & threepence peeces, which shalbe for forme flatt, & square on the
sides, & stamped on the one side with NE, & on the other side with xii"*, vi^,.
& iii'', according to the value of each peece, together with a priuie marke,
which shalbe appoynted eueiy three monethes by the Gouernor, & knowne
only to him & the sworne officers of the mint : & i'urther, the sd master of
the mint *afforesd is hereby required to coyne all the sd money of good siluer [*333.]
of the just allay of new sterling English money, & for value to stampe two
pence in a shilling of lesser valew then the ^sent English coyne, & the lesser Mint business.
peeces j>portionable ; and all such coyne as aforesd shall be acknowledged to
be the cm-rent coyne of this coiiion wealth, & pass from man to man in all
payment^ accordingly, within this jurisdiction only. And the mint master,
for himselfe & officers, for theire paynes & labour in meltinge, refineinge, &.
coyninge, is allowed by this Court to take one shillinge out of euery twenty
shilling^, w'='' he shall stampe as affisresd. & it shalbe in the liberty of any
pson who bring^ into the mint howse any bullian, plate, or Spanish coyne, as
afforesd, to be ^sent, & se the same melted, refined, & allayed, & then to take
a receit of the master of the mint for the weyght of that which is good siluer,
allayd, as aforesd, for which the mint master shall deliuer him the like
weight in current money, viz', euery shilling to weigh three penny troy
weight, & lesser peeces proportionably, deducting allowance for coynage, as
before exprest. And that this order, beinge being of so great concernment,
may not in any perticuler thereof fall to the ground, it is further ordred, that
M'' Richard Bellingham, M' W"" Hibbens, the jpsent secritary, Capt John
Leueritt, & SP Thomas Clarke be a coiiiittee appoynted by this Court to

262 THE HEC0KL).5 OF TUE COLONY OF

appoynt the mint howse in some convenu-nt place in Boston, to giue John
Hull, master of the mint, the oath suteablc to his place, & to approue of all
other officers, & determine what else shall appeare to them as necessary to be
done for the carying an end of the whole order, & that all other orders con-
cerning the valuation or coyning of money past tliis Court shalbe repealed.
A law about It is ordred & enacted by this Court & the authoritle thereof, that, after

juryes. ^^^ ^^^^ ^^ ^j^^^ ^sent session, all actions of a civill nature shall be tiied, in all

Court(^ within this jurisdiction, by the judges of the id Court, without a jury,
except it be desired by the playntife or defendant, in which case it shalbe
graunted, pvided that the party that shall desire a jury shall pay the charges
of the jury, viz', twenty shilling^ for euery action in all County Coui-t^ &
Court^ of Assistant^, to the clarke of the Cfiurt, at the time when he makes
[•334.] knowne *his request; & it is ordred, that juro''^ for the triall of such cases as
aforeSd may be taken out of tlii-ee or fower of the next towes only, notwith-
standing any former law or order to the contrary, which 5d 20' shalbe as-
sessed in cost^ vppon the party agaynst whom the judgment shalbe awai-ded.
& for the more orderly preeding with & w^'out juryes in one & the same
Court, it is ordred, that such as desire to haue theire cases tried by juryes
shall giue notice thereof to the secritary or clarke of y' Court^ where the ac-
tion is to be tried, fower dayes inclusiuely before the Court, to the end that a
jury may be pvided; & the sd secritary or clai-ke shall enter such actions the
day before the Court, or on the first day of the Court before the sitting there-
of, that so they may be first tried, & the jury discharged ; & the partyes whom
it may concerne shall take care for the timely paying of the entry of the
action & charges of the jury at theire pill, & y' if any pson desire to haue a
jury in speciall Court^, he shall pay the juro'^ fower shilling^ a day, as in y'
law is j)vided.
To prvent ^or the better pvention of theft, a siune of late much growinge vppon,

& whereas the former lawes agaynst theft hath only pvided for the dammage
of the wronged party, it is therefore ordred by this Courtc & the authoritie
thereof, that what person whatsoeuer shall steale from any pson any coyne,
goodes, or chatties, to the value of ten shilling(^ or vpward(^, shall be whipt,
or pay such a sume of money as the Court or magistrate that liath prop cogni-
zance thereof shall adjudge to be suffH^cient to satisfie all costs & charges of the
Court & countrie, in psecuteing & tryinge the sd offendo"", to the vse of the
common treasury ; and for smaller thcft^it is left to the discretion of the judge
or judges that shall haue cognizance of the crime to appoynt smaller mulct^,
or punishment(^, or any legall admonition, as they shall find cause ; & fui-ther,
it is ordred & declared, that, when any good(^ are stolne from any pson, the

theft.

THE MASSACHUSETTS BAY IN NEW ENGLAND. 263

constable of the towne, by warrant from autlioritie, shall search for the same 10 5 2.
in any suspected places, or howses, & vppon search, or otherwise, if he shall J^^
find the same, or any part thereof, or any ground of suspicion apearinge to the
offico'', he shall bringe the delinquent, or suspected party, to a magistrate, to be
pcceded with according to the law ; and if any pson, having goodes *stolne [*335.j
from him, shall priuately recelue his id stolne goodes, (except the fact be
priuate, or committed by some member of his owne family,) & so smother the
theft, & shall not legally psecute the oftendo"', he shall forfeite to the common
treasurie the goodes or chatties so receiued, or the true value thereof

It is ordred by this Court & the autlioritie thereof, that if any pson or
psons, repayreiug to any publickc officer of this jurisdiction, to view any
record, or other writeing committed to his charge, shall wittingly & willingly
deface or rend any such record or writeing, vppon complaynt of such officer Records, pen-
to any magistrate, & profe by oath of the id officer, euery pson so offending ^,j^„
shall forfeit to the party concerned therein treble the dammage y' might haue
ensued or accrewed to him or them thereby, & shall also be fined as much to
the country, or svifler two monethes imprisonment without bayle or maynprise,
or stand in the pillory two howers in Boston market, w*"* a paper ouer his head
in capitall letters, A DEFACER OF RECORDS, the speciall or pticuler
punishment to be determined by the next County Court where the ofience
was committed, & shall also stand bound to the good behavio' dureing the
l^leasure of the Court.

Forasmuch as diners inhabitant^ within this jurisdico, who haue longe ii;ith of fidelity

n T ■ 1 'or straungers.

contynued amongst vs, recememg ptection from this gouerment, haue, as wc
are informed, vttered ofFensiue speeches, whereby theire fidelitie to this gou-
erment may justly be suspected, and also that diners straungers of forraignc
part^, of whose fidelity we haue not that assureance which is commonly re-
quired by all gouerment^, it is therefore ordred by this Court & the authoritic
thereof, that the County Court^, or any one magistrate out of Court, shall haue
power, & is hereby authorized, 'to require the oath of fidehtie of all settled in-
habitant^ amongst vs who hath not already taken the same, as also to require
this oath vnder written of all straungers who, after two moneths, haue theire
aboade here ; & if any pson shall refuse to take the respectiue oath, he or they
shalbe bound ouer to the next County Court, or Court of Assistant^, where if
he shall refuse, hq shall forfeit fine pound^ a weeke for euery weeke he shall
contynue in this jurisdiction after his id refusall, vnles he can giue suffycicnt
securitie to the satisfaction of the Court, or magist, for his fidelitie dureing his
or theire residence amongst vs ; *the oath to be as foUowes : I doe acknowl- [*336.]
edge my selfe subject to the lawcs of this jurisdiction dureing my residence

264

THE RECORDS OF THE COLONY OF

1 G 5 2.

Burning
howses made
fellony.

[*o37.]

A law about
troopers.

vnder this gouerment, and doe here sweare, by the name of God, to be true
& faythfuU to the same, & not to plott, contriue, or conceale any thing that is
to the hmt or determent thereof. So help, &&.

Whereas some dwellinge howses, & other howses within this jurisdiction,
liaue benne set on fire, & tlic meanes or occasion thereof not discouered,
tliough some psons haue been vehemently suspected to haue been instru-
mentall therein, the Court, takeing into consideration the daunger of such a
wicked enterprise, especially in townes where the howses are neere adjoyninge,
& there being yet no law pvided for the punishment of so heinous a crime,
doth therefore hereby order, & be it enacted by the authoritie of this Court,
that any pson or psons whatsoeuer, of the age of sixteene yeares & vpward^,
that shall, after the publication hereof, wittingly & willingly set on fire any
barne, stable, mill, outhowse, stackes of wood, corne, or hay, or any other
thinge of like nature, shall, vppon due conviction by testemony or confession,
pay double dammage to the party damnified, & be severely whipt ; and if any
pson of the age aforesd shall, after the publication hereof, wittingly, willingly,
& felloniously set on fire any dwelling howse, meeting howse, store howse, or
shall, in like manner, set on fire any outhowse, barne, stable, leantoo, stackes,
or corne, hay, or wood, or any thinge of like nature, whereby any dwelling
howse, meeting ho-wse, or storehowse comes to be burnt, the party or paityes
vehemently suspected thereof shalbe a^hended by warrent from one or more
of the magistral, & committed to prison, there to remayne without bayle till
the next Court of Assistant^, who, vppon legall conviction, by due profe or
confession of the crime, shall adjudge such a pson or psons to be put to death,
& to forfeit so much of his landf^, good^, or chatties as shall make full satis-
faction to the party or partyes damnified.

It^ ordi-ed by this Court, that no maulster, or maker of mault, after pub-
lication hereof, shall deliuer or pass away any mault, by him or his pcurement
made, before it be clensed from the dust «&; tayle which arising in the makeing,
drying, & ordring of it in his hande, on pccnalty of 12'^ a bushell, vppo legall
conviction before any magistrate or Court, the one halfe to the informer, the
other halfe to the country.

*The Court beinge informed that seuerall psons gaue in theue votes for
the choyce of capt, lieut, cornet, & other officer^ of Suflfolke, who were not
freemen, nor had tooke the oath of fidelitie, they cannot approue of such, theire
choyce being contrary to law, but judge it meet that the seuerall trooper^^
should pceede to a new election of capt, leiu?, cornet, quarter m'', 8cC-, & ^sent
such psons that shalbe legally chosen to the next County Court, to be con-
firmed & appioued oft'.

THE MASSACHUSETT.S BAY IS NEW ENGLAND.

It^ ordi-ed liy this Court, that the choyce of a scrg' majo'' for the regi- ( 1G52.
ineut of the county of Suffolke be suspended vntill after the next session of
this Court.

Whereas captaynes, leiutenant^, «& ensignes haue bin hitherto exempted "'"J

Ipcndetl

by law from cuustables watches, it^ ordi-ed by this Court, that henceforth the
serg'^ of the seuerall companycs shall haue the like liberty to be freed from
constables watches.

It is ordred by this Court & the authoritie thereof, for the encouragment > Troopers libor-

of those who haue, or shall hereafter list themselues for troojier^ in any

county of this jurisdiction, that they shall haue all priuilcdgcs formerly
graunted still contynued ; & tliat such souldyer^ listed, amounting to the
number of thirty, shall be accompted a troope, & haue liberty of choyce &
nomination of capt, leiut, cornet, & quarter master, who, being allowed by the
authoritie of the Court, shall stand by coiiiisslon, & all other inferior Dfficer('_
to be chosen by the company & established by the cheife commander of the
troope ; & that all such trooperf^ shall keepe a good horse, & well fitted with
saddle, bridle, holster^, & pistoll^, or a carbine, & sword, & hauiugc listed liis
horse, shall not alter nor put him off without licence from the commaunder
in cheife ; & the 5d troop shall be exercised accordinge to law. ^

Whereas there is no time exprest by law when the constables watch shall Law fur watcU-
begin & end, it is therefore ordred & enacted by the authoritie of this Court, "" -
that henceforth all constables watches, in euery towne within this jurisdiction,
shall begin the first of May & end the last of September, vppon the paine or
pccnalty of fine pounds vppon euery constable neglecting. *And it slialbe the [*;j;J8.]
speciall care of euery constable to se that the watch be so warned, that it may
not consist of all or the greater part youthes, but that able men be joyncd
with them ; pvided, that It shalbe in the power of the select men of Boston,
Charlstowne, & Salem to giue order to the constables of theirc seuerall
townes to begin theii-e watches sooner, and to contynue them for longer time,
as they shall se occasio.

Whereas it hath been evidenced vnto this Court, that mucli damage hath Fish to be

formerly arisen to march'(^ tradeing hence, by bad makeing of fish, & the v ^'

credite of o"' trade there in hath much suffred, tending to the pjudice of o'
commerce with other nations ; wherefore it is ordred & enacted by this Gener-
all Court & the authoritie thereof, that at euery fishing place w"'in this
jurisdiction, some discreet & honest pson be appoyntcd by the County Court< p-jsh viewers
vnto which such fishinge place doth belonge, & those psons so nominated & «^t''>*l"''i«^
appoynted are by this Court impowered to giue the oath, hereafter exprest,
vnto such psons as shalbe chosen by the deliuer^^ of any fish, who haue libertie

VOL. III. 3-t

266 THE RECORDS OF THE COLOxXY OF

hereby, either of them, to choose one or more sufficyent & knowing men, in
biich cases, to view what fish is deliuered & receiued, which viewers shalbe
bworne as afforesd, & what fish they approue off as march'able the receiuer
shall accept, & what is refuse fish shall be cast by ; & the id viewers, for theire
labours & paynes afforesd, shalbe allowed one penny p kentall for so much
luarch'able fish as he or they shall view, to be payd one halfe by the deliuercr,
the other halfe by the receiuer. & for further direction to viewers in triall
of fish, it is hereby ordred, that all sunne burnt, salt burnt, & dry fish that
hath been first pickled shalbe judged vnmarchantable fish.

The viewers You sliall swe^'c, &(?, that you shall impartially view such fish as is fsent-

ed before you, & determine what part thereof is marchantable, & what part
is refuse fish, & vnmarchantable, according to yo"^ best skill, knowledge, &
judgm'. So help you, &c^.

To p'vent de- Whereas it appeares to this Court tliat there is much deceite vsed by some

cei em a eit,. ]jj^]^g],.^^ other^, who, w° the clarkes of the market^ comes to weigh theu-e
[*339.] liread, ptend they haue none but for theire owne vse, & yet *afterwards put
theire bread to sale, which, vppon triall, hath been found to light ; for pven-
tion of such abuses for time to come, it is ordred by this Court & the
authoritie tliereof, that all psons within this jurisdiction who shall vsually sell
bread, within doores or without, shall at all times hereafter haue all theire
bread, that they either put to sale or sjjend in theire famylies, made of assizes,
marked «& yeelded to triall of the afforesd clearkes, as is dii-ected for bread,
by order of this Court, in the printed booke, pag 3, tytle Bakers, & vnder the
pcenaltyes therein exprest.
About the neg; Whereas there is a manyfest & inconvenient mistake in the pening of the

vote. order, tytle Generall Court, pag 8"" of the last printed booke, that leaues

all or most of the cases formerly issued in the Generall Court doubtfuU & vn-
certayne, & takes away the negatiue vote both of magistrates & deputyes,
in makeing lawes as well as in cases of judicature, which was not intended,
much less consented to, it^ therfore ordred by this Court, that the sd law be
repealed, & in steed thereof this ensueing order established : It is ordi-ed by the
authoritie of this Court, that for tyme to come, if there fall out any differ-
ence betwixt the Magistrates & the Deputyes, in any case of judicature, either
cluill or criminall, it shalbe determined by the majo' part of the whole Court.
Lymitations of It is ordred, & by the authoritie of this Court enacted, that no person

'"m^uitf ^^^''^^^ indited, psented, informed agaynst, or complayned of, to any Court or
magistrate within this jiu-isdiction, for the breach of any poenal law, or any

THE MASSACHUSETTri BAY IN NEW ENGLAND. 261

other misdemeneor, tlie forfeiture whereof belong^ to to the country, vnlcs the
id inditement, g'sentment, information, or complaynt be made & exhibited
within one yeare after the offence be comitted ; & if any such ^sentment, in-
ditement, information, or comphiynt be not made within the tyme lymited, then
the same shalbe voyd & of none effect ; pvided alwayes, that this law shall not
extend to any capitall ofiences, nor any crimes that may concerne loss of member,
of banishment, or to any treasonable plott^ or conspiracies ag' the common-
wealth, nor to any fellonies aboiie ten shilling^^; nor shall it hinder any pson
grieued for any wrong done to him or his wife, children, servant^, or estate,
reall or psonall, but that euery such pson shall haue such remedyes as former-
ly he might or ought to haue. This law not to be of force till after the first of
September next.

*Thi& Court, haueing pvsed a paj)er psented by seuerall gentlemen con- [*340.J
cerning the setling of trade, & the well improuement thereof, doth thankfully '^^ regulate

" _ ° ^ _ ^ tr;.deing.

accept of theire paynes & good endevours therein, & doe therefore thinke
it meete to elect a counsell, as is suggested, to make a triall of what, with
Gods blessing, may be effected ; to which end this Court doth desire M' Nathan-
iel Duncan, of Boston, M' Thomas Broughton, M'' Nicholas Davison, ^M""
Richard Russell, Capt Thomas Clarke, & Capt Thomas Sauage, to be the
councell to consider of all sortes of tradeing, & to consult about the best
wayes of improueing the same, & to meete together in some place in Boston
or Charlstowne, where themselues shall appoynt, & haueing agreed of such
thing^ as they conceiue to be good & pfitable for the advance of trade-
ing, to jpsent the same to the next following session of the Generall Court, to
be approued of, if y'' id Court se it good.

Whereas the right ordering & setling of the militia of this common For selling the
wealth is of great concernment vnto the welbeing thereof, & that a time of
peace, through the good hand of God, giues liberty therevnto, it is there-
fore ordi-ed by this Court & the authority thereof, that no company of
souldier^, in any towne within this jurisdiction, (except those already allowed
of,) shalbe accounted a foot companye to enjoy the priviledge of election &
nomination of capt, leiut, & ensigne, or any of them, vnles they be compleatly
full, to the number of sixty fewer persons, besides such officers to be chosen ;
& y' in all townes & places where there is to that number of sixty fewer
listed, & by law tyed to attend all ordynary trayning, they shalbe accounted
a foot company, & enjoy those priuiledges ; & where there is or shalbe a
less number then aboue specified, they shall haue liberty to choose sergeant^
& other inferio' officers ; which, being so chosen, shall instruct those souldiers,
& trayne them in the vse of armes, eight dayes in the yeare ; & the major^

268 THE KEOOKDS OF THE COLONY OF

10 5 2. of the seuerall rcgimeat(^ shall liaue power to order & regulate the smaller
^^ ' townes, & to joyne them into one compleat company, which shall haue liber-
ty of the choyce of all officer^ as afForcsd. And it is further ordered by this

[*341.] Court & the authoritie thereof, that all Scotsmen, *Neger^, «& Indians inhabit-
ing with or servant^^ to the English, from the age of sixteene to sixty yeares,
shalbe listed, & arc hereby eujoyned to attend trayninges as well as the
English, & that euery company shall haue two druiiiers ; & it is further or-
dred by this Court & the authoritie thereof, & be it hereby enacted, that
where in any towne or plantation within this jurisdiction, the number of
trayned souldyer^^ listed, & by law are to attend constant trayning^, shall
arise to the number of 200 men, that then such souldyer^ shalbe devided into
two compauyes ; if to three hundred, then to devide into three companyes ; &
so pportionably ; & that the seuerall companyes of the id towne or plantation
Militia. shall liauc liberty of choyce & nomination of all theire officers in theire seuer-

all companyes, as aboue specyfyed, according to former lawes in that case pvid-
ed, & that all such officer^, together with the major''^, nominated & approued
off according to law, shall haue commissions from the Generall Court, for the
holding theire places & exerciseing of theire duty in theue seuerall charges.

And whereas diners farmers & other inhabitant^ haue theire dwelling^ at
such distance as y' they cannot attend the trayning^ with the companyes in
the towne whereto they doe belong, the captaynes vnder whose commaund
they be (theire dwelling^^ being three miles distant fj-om the meeting howse
of such townes) may appoynt that such souldyers, if they be twelue or more
in number, be trayned six dayes in the yeare, by some officer of the company,
in such place or places as the sd farmers or inhabitant^ may meet in ; & y' the
sd farmers & inhabitant^ shall trayne twice in the yeere with the company to
whom they do belonge. It is fiu-ther ordred by the authoritie aforeid, that all
the militia of Boston, both infantry «& great artilery, till the Generall Court or
councell of the country can be assembled, shalbe ordred by a committe of
militia, w'*' shall consist of the magistrate in the sd towne, & the three
chiefe military officer^ inhabiting in the sd towne, whether of the regiment
or companyes, who shall haue a commission from the Generall Court of
the like tcno"" that Majo'' Edward Gibbons had graunted, anno IG-iS, as ap-
peares, pag 33, in the records of the IIowsO of Deputyes. And it is further
ordred, that the sd committe of militia shall haue power to appoynt a mili-

[*3-t2.J tary watcli, whou they shall sc cause, for the safty *of the towne «S: coun-
tiy ; & in all emergent cases any three of them may act, when, due mcanes
beinge vsed, a greater number cannot be assembled. It is further ordred by
tlie authoritie afovpsd, that Charlstnwno. Saloni, & Ipswitch shall haue a like

THK MASSAOIIUSETTrf 1!AY IX NEW ENtjlLANL). 2G0

committee of militia, who shall haue like power hy commission ; & for all 1 G 5 2.
other townes y/'-Hn this jurisdiction, where there is one or more magistrates, ^ "^ '
the sd magistrate or magistrates, with the chcife military officers, shall haue
the power of the militia of the 5d townes ; & in those townes where no
magistrate hath his aboade, the deputy or deputyes chosen by the sd towne or
townes for the General! Court of Election from time to time, hauing theire Militia,
aboade in those townes, with the clieife military officers of such towne or
townes, or any three of them together, shall haue power as the committee of
militia for the 5d towne or townes, who shall haue power of counsell for the
best ordriug of the militia of theire seueral townes, till the Generall Court or
councell of the country can be assembled, and vppon all occasions of alarme
or any invasion, to strengthen theire quai'ters, & to oppose any approaching
or assayling of them in any way of hostilitie, by bearing of armes in com-
panycs, or rufuseing vpon such aproaches to come vnder coiiiaund or giue
accoumpt what they are & wherefore they are in such posture : further, euery
such coiiiittee of militia in any towne within this jurisdiction where any
alarme shalbe giuen or receiued, or shalbe assayled, as aforesd, is, by the
authoritie aforesd, required, with all possible speed that may be, to giue intel-
igence to the next magistrate & majo'' of the regiment where such alarme is
taken, or assault made, of the reason thereof, & state of the place so assayled.
Further, it is ordred by this Court & the mithoritie thereof, that there shalbe
the contynuance of regimentall officers in the seuerall countyes vnder the tytle
of majo''s, who in times of peace are to attend theire dutyes & exercise of
power as is injoynd by law% tytle ^Military, pag 39 ; & in case of alarme, or
any assault vppon any quarter within his regiment, he shall haue power, & is
hereby required, to send forth to pcure inteligence of the state of any place
so alarmed or assayled, & to order assistance to them from any other com-
pany or companyes of his regiment, as the case shall require ; & that the
majo'" .shall giue constant inteligence to the Gouerno'', or counsell of the
*country, & majo'" generall, of the state of the matter, with all convenient [*343.]
speed. It is further ordred by the authoritie aforesd, that no majo'" of any
regiment shall march with his regiment out of the county wherein he hath
commaund, nor cause any part tliereof so to doe, without order from the
Generall Court, councell of the country, or majo'" generall, except it be in per-
sute of an enemy vppon a route ; & in case of death or absence of the majo'^,
the eldest capt to supply his place till a new be chosen.

The Generall Court of the ]Matachnsctt(^ to T): T):, Sergeant ISIajo'". Majot com-

Whereas vou arc chosen & allowed bv the authoritie of this common

270

THE RECORDS OF THE COLONY OF

Captaynes
comissions.

wealth to be serg' majo'' of this regiment of : M :, these are therefore to will
& require you to take care & charge of the id regiment as sergeant majo', &
diligently to intend the service thereof, & to exercise yo' inferio'' officers &
souldiers, in peace & warre, accordinge to law, commaunding them to obey you
as theue serg majo' for the service of this common wealth, & you to obserue &
obey such orders & directions as from time to time you shall receiue fi-om the
majo'' generall, or other superio'' officers or authoritie of the common wealth,
according to law.

The Generall Court of the Matachusett^ to J : H :, Captayne.
Whereas you are chosen & allowed by the authoritie of tliis common
wealth to be capt of a foot company, these are therefore to will & req^uire you
forthwith to receiue & take the id company in to yo'' care & charge, as cap-
tayne, & diligently to intend the service thereof, & to exercise yo"^ inferior
officers & souldiers, in peace & warre, accordinge to law, commaundinge them
to obey you as theire captayne, for the service of this common wealth, & you
to obserue & obey such orders & directions as from time to time you shall
receiue from the majo'', or other superio' officers or authoritie of this common
wealth.

Leiutenant^
commissions.

[*344.]

Ensignes

The Generall Court of the Matachusett^ to A : B :, Lieu'.
Whereas you are chosen & allowed by the authoritie of this common
wealth to be leiutenant of a foote company, vnder the conduct of J: H:, cap?,
these are therefore to will & require you to take the id company into your
cai-e & charge, as leiut, & diligently to intend that service, & exercise yo''
inferio'' officers, in peace & warr, according to law, comaunding them to obey
you as theii-e lieu', for the service of this coinon w:, & to obey such orders &
direction as fro time to time y"' shall rec from the capt or other superio'
officers & authoritie of this common wealth.

*The Generall Court of the Matachusett^ to E : C :, Eusigne.
Whereas you are chosen & allowed by the authoritie of this common
wealth to be ensigne of a foote company, vnder the conduct of T: H:, cap-
tayne, these are therefore to will & requu-e j^ou forthwith to receiue & take
the id company into yo'' care & charge, as ensigne, & diligently to intend the
service thereof, & to exercise yo' inferior officers & souldiers, in peace & warr,
according to law, comaunding them to obey you as theire ensigne, for the ser-
vice of this common wealth, & you to obserue & obey such orders & directions
as from time to time you shall rec from your captayne or other superio'
officers & aiUhoritv'of this common M'ealth.

THE MASSACHUSETTS BAY IN NEW ENGLAND. 271

Whether a person, convict of three seuerall offences of drunknes, & 1G52.
neuer convicted before authoritie before the last time, shalbe fined aboue '^ '

, . , . 27 May.

thirty shiUing(^, which the Court resolues m the negatiue. Resolution of

M' Thomas Gayner, ^fering a petition to the Court for releife, in respect '^ qua=stion.
of some injury done him touching the sale of the shipp Planter, concerning
■which there past seQall votes, the issue whereof was, that both the returnes oi
the Magistrates & Deputyes respecting the difference about the County Court
should be so blotted out as neuer to be scene or reade any more.

Mary Woody, of Roxbury, pfering a petition to this Court for the altera- Woodyes au-
tion of the last will & testament of her late husband, John Woody, that more
of his estate might be conferd on her, receiued this answer : that the Court saw
no reason to grant the petition, the petitiono'^ hauing such a j)portion of the
estate of her husband, deceased, allowed to her, as the estate will beare & the
law pvides, & therefore would not alter the sd will, but that there be an
agreement of all ptyes concerned therein, among themselues, to improue the
estate for the benefitt of the widdow & child.

William Blanton, being ]p>sented by the graund jury for selling beere at Biantonsan-
4'* the quart, & also fined by the commissioners of Boston for the like offence,
f>fered a petition for releife to this Court, & receiued this answer : that the
Court doth judge the sd Blanton both justly jpsented & fined.

The towne of Dorchester, being fined fine pounds for neglecting to erect Dorchesters
a bridg oner Naponset Riuer, vppon theire petition haue theire fine remitted,
pvided the sd bridge be built, according to law, w"'in three monthes, or befo
the first of the 7"" mo*'' next ; & if not, the id fine to take place according to
the Court order, the makeing of such bridges ouer sucli riuers being no more
then is vsuall in the like case.

*M"^ Joseph Hills, av* the consent of Hanna, his wife, & M'^ Fetter [*345.]
Buckley, theire vnkell, g>fering a petition for the confinnatlon of the sale of ^^' ^'^^^ """
a howse & certayne lands, sould by his wife in tlic time of her Aviddowhood,
hath his request graunted ; as also power is hereby giuen & granted to the
petitiono''^ to make sale of such land as yet remaynes vnsould, by the consent
& advice of M' Buckley, pvided satisfaction be made to the children of M"^
Mellowes, according to what the land shalbe sould for abouc what it is prised
in the inventory.

In answer to the petition of Jouatiian Wade, of Ipswich, for lower hun- Answ; toWade.
dred acors of land graunted him, for & w"' respect to fifty pounds by him •^'"'"'° ^^^^•
formerly disbursed for the vse & behoofe of the country, this Court doth order
the sd land shalbe layd out on any side of Nashaway bounds, within a mile or
two thereof, according to his request.

272

THE RECORDS OF THE COLONY OF

i(;:)2.

Hampton

bouudes t

deuou'.
Andov.

[*346.]

Pemberto
answer.

^P Thomas Bradbury, ^I"^ Sarauell Winslow, & Samuel Hull, beinge
appoynted as comissiono''^^ to lay out the northermost line of Hampton boundes,
towards Pascataq,, haue determined that the north line shall extend fiue miles
from Hampton meeting howse, & from thence vppon an cast line to the sea, &
with the westerly line vntlU they come within two miles of Exeter pscnt meet-
inge howse, & the rest of the line, which was to extend as farr as Salsbiuy
boundes, they left to further consideration. Subscribed w"' there hands,
6:8: 51.

The Court, haucing pvsed this retm-ne of the commissiono'X., approue of
what they haue done respecting the laying out of the bounds of Hampton,
aforesd, pvided it intrench not on any former graunt.

^NP Samuell Winslow, M' Thomas Bradbury, & Lciut Kobert Pike, be-
ing appoynted to lay out the west end of Hampton bounds, vppon theire re-
quest, haue liberty graunted them till the next session of this Court to accom-
plish the Court order therein.

In answer to the petition of the inhabitant!^ of Audevour for enlargment
cf theire bounds, it is ordred that Capt Johson, of Wooburue, Nicholas Holt,
of Andevour, & Thomas Dauforth, of Cambridge, be a committe to lay out
the bounds of Andevour, what they judge equall between Andevour & Cam-
bridge, not tying them to lower or six miles, but what they judge equall be-
twixt lower & six, or any two of them, makeing returne of what they shall
doe *herein to the next session of this Court. & further, it is ordred, in re-
spect of Eowleyes fiue hundred acors, that it be layd out on the south angle,
& also that the south bounds of Andevour be six miles. *

In answer to the petition of James Pemberton, who pduccd seuerall tcs-
temonyes for his intrest & pprietie to an iland called Pembertons Hand, it is
ordred by this Court, that, if Pemberton, his atturney, heires, or assignes,
shall make proofe vppon oath, according to law, that he had possession «& im-
prouement of the sd iland by the consent & approbation of the antient inhab-
itant^ or planters resident in or aliout the ]\Iatachusctt(^ Bay aboue fower iS:
twenty yeares agoe, then the sd iland shalbe, & is declared to be, his & his
heires for euer, the oath to be taken at the next County Court, who shall re-
corde the same & certify the next session of this Court thereof

"Whereas Ninicrott, an Indian, made a complaynt ag' two other sachems,
viz', Pumhom & Wotapumkum, causing them to appcare at this Generall
Court to answer his complaynt, the sd Ninecrott not appearing to psecute the
sd sachems, the case could not be heard ; wherevppon it is ordred by this
Court, that the sd Ninecrott shall pay the charges of Pumhom & "VVotapun-
kum, & theire inter^ter, W"' Arnold, the sume of six & twenty shilling(\

THE MASSACHUSETTS BAY IN NEW ENGLAND. 273

Captaync W"' Hawthorne, Eclmuiul Farington, Edward Needham, & 1().)2.
William Longley, beiiinr choscMi bv the towacs of Salem & Lynn, at the an- "' '

° ■>' ° ■ 27 May.

poyntment of the Geuerall Court, to lay out the Ponds farme, lately JNI"^ ji' -Winthrups
Humphreyes, did declare that they haue layd it out as followeth, viz' : from f'""""-

Ponds farm de-

a pync tree, marked on both sides, standing on a poyut of land on the south scribed.

side of Longe Meddow, & from thence on a streight lyne to an other pyne tree

standing on a poynt of land by Stones !Mcddow, marked as abouesd, & so on

the south side of Stones Meddow, &. so by trees, as they are marked on two

sides, to the playue on the south side of the pond, alonge by a swamps side, &

so by the east side of the playne, & from thence as the trees arc marked, &

so to a rocke betweene the forcSd farme & the land .of Eobt jNIoulton, & from

thence cross the end of a high hill to a marked pyne by Long Meddow, on

the north side, ouer agaynst the former pyne marked as abouesd, and this not

to pjudice the agreement made betweene M'^ Winthrop & the towne of Lyn,

in the exchaug *of part of Stones Meddow for part of Long Meddow, sub- [*3-i7.]

scribed with thcirc hands the lo of y" 2'^ mo''-", 1652. The Court, haueing

pvsed this returnc, approue of it, & doe order that the bounds of the id farme

shalbe as is before exprest.

The towne of Doner desirclng that M' Bellingham may be judg of that Douers desire
Court this yeare, as also y* M'' Georg Smith, 'M' Richard Walden, & i\P Val- ^''"'
entine Hill, might be associates, haue theire request^ graunted, pvided M"^
Hill may be exempted, according to his desire, & also y' INI"' Belingham be
desii-ed to attend the keeping of the County Court^ of Norfolke, Hampton, &
Salsbury, aswell as Doner & Strabery Banke, for the yeare ensuing.

Edmund Jackson, being a feofee in trust for the wife of Thomas Joy & jacksons an-
her children, in reference to an estate in a mill at Hingham, vppon his re- ^"^^'^^^ j^^-^_
quest to this Court, is discharged of his 5d trust, pvided the feofeem' be son.
giuen into the County Court, & provision made that Thomas Joy may not sell
the mill & lands without the consent of the Court, but only repayre the same,
& haue out of the rent thereof for his charges, but the propriety to be his
wiues & childrens, according to his first deed.

M'^ BelHngham & Capt Wiggin is intreated & appoyntd to kccpe County Noribike
Court^ in Norfolke for this yeare ensuing.

The Magistrate not consenting to the verdict of the jury in Parsons case, parsons case.
the cause coming legally to the Generall Court for issue, the Court, on pvsall Witciicraft.
of the euidences brough in ag' him for witchcraft, doe judge "that he is not
legally guilty of witchcraft, & so not to dy by o'' law.

The husband of Elizabeth Fayrfeild, being longe since judged for some Farfeilds an-
miscariags of his to weare a rope about his neck during the Com-t^ pleasure, ^top the rope.

VOL. III. 35

274

THE RECORDS OF THE COLONY OF

1G52.

31 May.
North line o
y« jurisdictic

[*348.]

Sliawes order
for 8".

"Way from
Keding to
Winesemett.

vppon her request to tliis Coiu-t, liath liberty graunted him to hvy the rope
aside.

Joh AVarncr, of Warwicke, desireiug liberty to shipp himself & family
for England, from some of o' port^, hath his request graimted, pvided he take
vpp his abode in the shipp, & thence not to come forth vntill his departiure,
except vppon vrgent occasion for his voyge, by order from two magistrates.

The 31'-' of the 3'^ mo"", 1652. On pvsall of o'' charter, it was this day
voted by the whole Court, that the extent of the line is to be from the north-
ermost part of y* lliuer Merimacke, & thi-ee miles more north, where it is to
be found, be it an hundred miles, more or less, fi-om the sea, & thence vppon
a streyght line east & w«st, to each sea ; & this to be the true interptatio
of the termes of the lymitt^ northward graunted in the patent.

*AVhereas the siu'veyo' generall did arest Roger Shaw, of Hampton, for
eight poundes, for a barrell of powder, which was due from the towne of
Hampton, & the sd Roger Shaw did acknowledge a judgm' of the same, this
Com-t doth order & hereby require, & giue full power & authoritie to, the
cunstable of Hampton to make a leuy vppon the inhabitant^ of Hampton for
the payment of the foresd sume of eight pounds, together with two shilling^
six pence for entiing the petition, as also so much more as may defi-ay the
charge of transportinge the same to the surveyo'' generall aforesd, vnto the id
Roger Shaw, within thirty dayes after notice giucn, & that in come or cattle,
at prise current.

Whereas this Court did long since appojTit sundry psons to lay out the
way from Reding to Winesemett, Avliich is not yet determined, & some of the
psons mentioned in the sd order are dead, and forasmuch as it was ordred by
Cambridge Court, that it should forthwith be done by the townes of Redding
& Maiden, it is now ordred by this Coiu-t, that the laying out of the sd high-
way shalbe done by the townes of Redding & ISIaldon, according to the law in
that case provided, any act of this Court to the contrary notw"'standing.

In answer to the petition of Georg Muuing^ for the disposall of Alee,
the Welchwoman, now in p'son on suspicion of fireiuge a howse, itC^ ordi-ed,
that the sd Alee shalbe sent to England, to returne to her natiue coiuitry, at
the countryes charge.

In answer to the petition of Margery Eliot, widdow, for the confirmation
of y° sale of a certayne pcell ^ land, sovdd by the deacons of the church of Bos-
ton, administrator's to Safii Sherman, vnto Jacob Eliot, deceasd, it(^ ordred,
that the answer to this petition should be respited vntill the next session
of this C'ourt, & in the meane tyme that the administrato"'^ giue in theire
acco to the next County Court of the estate of Samuel Sherman, deceased,

THE MASSACHUSETTS BAY IN NEW p]NGLAND. 275

that so the Court may take order to secure the estate of the chiUlrcn, & then 1 (jo2.
this Court may glue further answer herevnto. " ^^

The psident & fellowes of the colledge, pferring a petition for the j^^^^^^.^^ ^g\^^
repayration of the colledge buildinge, & some addition therevnto, receiued colledge pcti-
this answer : that the coiiiission'' of the colonyes, at theire last meeting, havinge
taken into consideration the colledge, & the advaimcement of learniuge there,
haue, as we are informed, sent to England, if it may be, to pcure some helpe
from the corporation out of such money as is collected there for y" Indians.
*The Court therefore thinkes it will be meete to respite any further answer to [*3-19.]
this petition vntill we heare from England, & in the meane tyme that the ouer-
seers, ^sident, & fellowes of the colledge be desired to write to the elders of
the seuerall churches, that they may, av"' all convenient speed, commend it to
the consideration of the townes where they dwell, for a voluntary contribution,
that so there may be a speedy repayration of that w"^ psent necessitie calls for
to be done.

In answer to the petition of Edward Burt for liberty to make salt in a icdw. Burt^
new way, it^ ordred, that his petition be graunted thus larr, viz' : first, that """'"''■
he shall make salt after his manner, & none other after the same way, for the
terme of ten yeares only. 2'"-^'. The Coiut thinkes not meete to graunt him
those tw: ilands so neere to Salem, mentioned in his petition, seing it will be
very pijudiciall to the towne in diuers regards. 3'^'^. Yet doe hereby order,
that the secritary should write a letter to Gloucester, to desire them that the
petitiono'' may set downe the salt workcs at the very cape, where there is
wood & fitting water for that worke, without any inconvenience to y"= towne,
but rather a benefitt to them, pvided that the petitiono"^ follow this im-
ployment.

It^ ordred by this Court, that Capt Bozoone Allen & Eusigne W" Davis r.,iTiittco for
shalbe a committee to consider of all the defect^ that are found in the tailing """"S^-
of leather, & to ^sent such wayes & meanes to the next session of this
Court as may jbably ^vent all manner of abuses concerning the same.

In answer to the petition of M' W" Hubbard, of Ipswich, it is ordred, M'Hubbardg
that he shall haue (in consideration of money formerly disbursed for pub- ^^^^^ ^ j "
llcke vse) fine hundred acors of land, to be layd out by Joseph Jewet & Job
Gage, of Ipswich, on the north side of the bounds of Ilaverill, & within
two miles of their outmost line.

Whereas in times past, before the Court^ were keept in in Midlesex, the Sudbury rec-
records of the lands of the seuerall townes within that county were kept in °
Boston, vppon the request of the deputy of Sudbury, in the behalfe of theire
towne, it is ordred, that the secritary shall deliuer the booke of records of

276

THE 11EC011D3 OF THE COLONY OP

Vintnorf an-
swer.

[*350.]

Recorder of
Midlesex.

.G52. lands, sales, alienations, &6, to the deputy of Sudbury, -nliich concenies
'~^ ' that towne, that so they may deliuer the same to the recorder of tlieire

31 May.

iwne county.

The vintno''(^ of Boston & C'harlstowne, pfering a pet for the raysing the
prise of wines by retayle, in respect of the scarcitie of wines, rec this answer :
*that the Court judgeth that the petitiono''^ ought to jjforme theire couenant
& agreement made with the country, although they loose thereby, as well as
they haue & would be contented to reape the great pfitt^ when wines were
(licapc.

It^^ordred by this Court & the authoritic tliercof, that Thomas Danforth
^lialbe the recorder for sales of lands & morgagcs for the county of ilidlesex.

The Court, having pvsed & considered of the satisfaction tendred by M'
JNIathewes, & finding it not to be such & so full as might be expected, yet
are willing so to accept of it at ^seut as to pass it by ; & for the remittment
of the church & pasto''^ fines, they se no cause to graunt theire request there-
in, the country being pnt to so great trouble, charge, & expence in the hear-
ing of the cause as far surmount^ the fines.

Joh Hawthorne succeeding Joseph Armltage in the ordinary at Lin, &
so standing bound to pforme his engagment in respect of what he was to pay
for drawinge of wine, desiring a remittment of what is due for the last halfe
yeare past, receiued this answer : that he should only j)ay after the rate of
fifty shilling^ p butt for what he hath drawne to this time.

]\I"' Symon Eire beinge encouraged to vndertake the cure of one Joh Sy-
mond(^ by the County Court, piscnting a bill of charges about the sd Symonds
to the value of 7'*^ 16% as also 1''^ 10^ for phisicke about JSI"" Cole, p'senting
also a petition for satisfaction, in answ: to which this Court doth order
the foreSd sums to be payd by the Treasurer to M'' Eire, according to his
desire.

This Court doth, with all thankfullnes, acknowledge the good service of
Joh Endecott, Es^, o' psent hono'''^ GoQno'', in respect of his great care &
faythfullncs in the discharge' of that trust which was coiiiitted to him the last
yeare, & doc, in the behalfc of the country, render him liarty thankes for
the same, and desire his kind acceptance of one hundred markes, as a slender
manifestation of o' due respect^ vnto him, vntill we shalbe better enabled to
declare it, which we order shalbe payd him by the Treasurer out of the next
country rate.

INI"' Robt Knight pfering a petition for releife in respect of injury off"red
him by Sampson Lane, w* reference to a howse & land at Strabery Banke,
[*351.] the hearing of w''"' *case is rcspittcd till the Court of Election, ag' which t}-me

M' Robt.
KnigKtt :

THE MASSACHUSETTS BAY IN NEW ENGLAND. 277

it. is ordred, that M'' Knight giuo notice of his petition to M"' Lane, or oihcrs 1 Go 2.
whom it may concerne, that both paityes may be heard. "^ "< '

Whereas it appeares to this Court, vppon good information, that it is c^^dg^^ j,jt.
necessary that some care be taken concerninge the Castle & the needfull ''■<^-
repayration thereof, & therefore this Court doth order, that ^Majo"^ Generall
Sedgwicke, Capt W"" Hawthorne, Cap? Lieu* Norton, Capt Leueritt, Lieu'
Thomas Clarke, the surveyo' generall, Cap? Atherton, Cap? Johnson, CajDt
Lusher, & Cap? Daniel Gooken, or any seuen of them, shall be a coiiiittee to
consider what is necessary to be done concerning the 5d Castle, & to make
returne of what they conceiue nccdfuU about the same at the next session of
this Court in October.

Thomas Hawley & Dorothy, his wife, together with Thomas Lambe & Answ. to Ha-v-
Joh Lambe, sonns of Tho Lambe, deceased, pferring a petition for the con- '^^'
firmation of a deede of sale of fifteene acors of land sould to W"" Parks, of
Eoxbury, haue theire petition graunted as is desired, & the sale of the sd land
confirmed.

Cap? Joh Leueritt, Cap? Leiu' Norton, & jM"^ Edward Jackson are chosen Comitte for
a committee to take the Treasurers & andito'' gcueralls ace" to the Court at """" ^' '""^°'
the next sessio thereof.

Cap? Willard, !M'' Richard GrifFen, & Thomas Brookes, being chosen by
the freemen of Concord to end small causes there, are confirmed & allowed
by this Court so to doc.

The inhabitants^ of ]\Ialdon pferlnge a petition that Thomas Skiner, of Maklon ordy-
theire 5d towne, may hauc llbtic to kcepe an ordynarie theire, hath theire
request graun'd.

jM' Robert Pateshall, hauing fine pounds leuied vppon his estate by Patcshalls an-
the townsmen of Boston towards the country rate, vppon his petition to this ^^'
Court, hath order to receiue the sd fine pounds agayne from the Treasurer.

In answer to a letter sent to the Court from INI"^ Brian Pendleton, of Answer to M'
Strabery Banke, concerning theire cnlargment, the Court is willing to con- j^^p^
sider thereof when they ppound any thing to theire consideration which may
be suteable to such an end, and doe desire & order that JSI"^ Bellingham & M"^
Pendleton, with the judges of Doner Court, may kcepe Court at Strabeiy
Banke, till the *inhabitant(^ of Strabeiy Banke doe ^scnt some psons y' [*352.]
haue taken the oath of fidelitie to this Court, to be allowed & confirmed.

i\I''' Dorothy Pester, whose husband went into England some ten yeares m™ Pesters
since, & was neuer to this day heard of, vppon her petition to this Court, hath ""''"''''•
liberty granted her to marry when God by his providence shall afford her an
oppertunitie.

278 THE RECORDS OF THE COLONY OP

1652. In answer to the petition of M"' Rofct Knight, the Court doth graunt him

three hundi-ed acors of land, in full satisfection of what he desires in his pet,
M'here he can find it, accordinge to law, which if he shall refuse to accept off,
he shall haue fui-ther answer at the next Generall Court.

Abraham Toppan & Joh Lowle, both of Newbery, sonnes in law to
Elizabeth Goodale, desiringe administration of theire id deceased mother in
laws goods in the yeare 164:7, had theire request^ graunted ; but forasmuch as
there is no record of the same to be found, vppon theire request, it is ordred,
that the former gramit of administration by this Court, aboue mentioned, shall
be entred as afforesd.

Whereas Capt Eofct Kcayne beluge acused to this Court for drmikenes,
the euidences having been pvsed, & findinge that he is proued to haue been
three times drunke, & to haue drunke to excesse two times, for which offences
the Court doth fine him thirty six shilling^ & eyght pence ; the charge of the
wittnesses appcaringe by examination to be the sume of fiffty fiue shillinges &
two pence, which this Court orders Capt Keyne to discharge. And whereas
Capt Keayne hath petitioned this Court to lay downe his place as coiiiis-
siono'', this Court doth assent thereto, as judging him not meet to contynue
therein.

In answer to the pet of Leonard Bottolph, craving relcife from the
sentence of the coirussiouo''(_ of Boston, a remittment of his fines illegally
imposed, the Court determines the act of the comissiono''^ in fineing the
sd Bottolph forty shillingf^^ was just & warrentable, & that the second fiue
of 30' also, for his affronting authority, was just & warrentable ; & lastly,
this Court doth order, that the id Leonard Bottolph, for his misreporting the
coiiiissiono''^ act^ to the Generall Court, charging them to act by an arbitrary
power, should pay as a fine 5'', & acknowledg his offence to them, in so doing
expressing his sorrow for y" same, otherwise to be responsall to the next
session of this Coiut.
[*353.] *For the better dlscouery of the north line of o' pattent, it is ordred by

North line dis- this Coiut, that Capt Symond Willard & Cap? Edward Johnson be appoynted
as coiiiissiono''^ to pcui-e such artist^ & other assistant^ as they shall judge
meete to goe with them, to find out the most northerly part of INIerimacke
Eiuer, & that they be supplyed with all manner of nessessaryes by the Treas-
lu-er fitt for this joiu-ney, & that they vse theire vttmost skill & abillitie to
take a true obseruation of the latitude of that place, & that they doe it with
all convenient speed, & make rctiune thereof to the next session of this
Coiut.

skIs"^ """ ^^ answer to the petition of Thomas Gayner, respecting satisfaction from

case.

THE MASSACHUSETTS BAY IN NEW ENGLAND.

M' Aspiiiwall, after the Couit had heard what both could sax, JNI'' Kuight, M'^
Gayners attui-ney, proffred the case should issue there, if M"" Aspiiiwall would
depose that the aquitance he pduced to the Court, vnder M"^ Gayners hand,
had relation to the shippe Planter as well as to other acco. M"' Aspinwall
deposed before the Generall Court, that the id aquitance was a generall release
giuen him from Gayner, & was for all acco & demaunds whatsoeuer, not only
to his owne knowledge, but, as far as he knew, to M' Gayners also.

Vppon a hearinge of the case betweene M"" Joseph Mason, agent or ^i' ^^■'
atturney to 51"" Ann Mason, of London, playnt, & M'^ Klchai-d Leader,
deffend', respecting the tytle of land at the eastward, at a place there called
Newitchawanett, before the Court exprest themselues in the case, the Dep'
Gofino'" informed M"" Mason that the land in qiiestion was voted to be within
this jui-isdiction, & being demauuded if he did submit there vnto, M' Mason
answered, he did ; «&; after much debate ii was at last voted by the whole
Court, that the issuing of the case should be suspended, & referd to the next
Generall Court of Election to put a finall issue therevnto.

Georg Bowers, of Cambridge, beinge complayned of to tliis Court, for
putting in a vote on the day of election for the Gouernor, (he being no ffree-
man,) he acknowledged the fact, not only this yeare, but eueiy yeare since he
came into these part^, p>tending ignorance of the law. The Court orders, that
the sd Bowers, for his offence therein, shall pay ten pounds.

*^itt a second Session of the Generall Court, held at Boston, [*o54.]
the ir of the 8" Mo"', Mo 1652. la October.

ADECLAllATIOX conccruinge the advauncmcnt of learniuge in New Eniicted.
England by the Generall Court. If it should be grauntcd that learniuge, Aduancem' of
namely, skill in the tongues & libcrall artes, is not absolutely necessary for the
beinge of a commonwealth & churches, yet we conceiue that the judgm' of the
godly wise, it is beyond all question, not only laudable, but necessary for the
of the same. And although New England (blessed be G'^) is com-

petently furnished (for this pscnt age) with men in place, and, ^'ppon occasion C'ontribvition
of death or otherwise, to make supply of magistrates, associates in Coiu-tes, ,'aisii.g a fund
phisitions, & officers in the common wealth, & of teaching elders in churches, '" *''*"'''"^ "i»
yet for the better discharge of o'^ trust for the next gcnciatiou, & so to
posterity, beinge the first founders doc wearc away apace, & that it g:owo

"280 THE RECORDS OF THE COLONY OF

1 (5 5 2. more & more difficult to fill places of most eminence as tliey arc empty or
"^ "^ ' wantingc, & this Court finding by manifest experience, that though the nLim-
ber of schollers at o"^ colledge doth increase, yet as soone as they are growne
vpp, ready for publicke vse, they leaue the country, & seeke for & accept of
imployment elswhere, so that if timely pvi.sion be not made it will tend much
to the disparagment, if not to the ruiue of this common wealth ; it is there-
fore ordred & hereby enacted by this Court, that a voluntary collection be
commended to the inhabitant^ of this jurisdiction for the raysinge of such a
same as may be imployd for the mayntenance of the ^sident & certayne
fcllowes & poore schollers of Harvard Colledge, & for that purpose doe
further order, that euery towne of this jurisdiction doc chuse one meete
person to take the voluntary subscrijitio^ of all such as shall vuderwrlte any
same or sumcs of money for that purpose, & to make returue thereof to the
next Court. And forasmuch as all the colonics are concerned therein, this
Court doth order the secritary to signific to the Gouerno'^ of the seuerall
colonies o'' endeuoiirs herein, & to commend the same to them for theu'e help
& furtherance in so good a worke.
Nominntion of Wlicreas the meetings of the ft'rcenrcn for nomuiatio of magistrates &

mafaia a . associates for County Court^ is appoynted in the monetli of Xouember, &
the votes so made to lye till tlie last week of the first mo"* following, which
distance of time is not nccdfuU, and may admitt of sundry inconveniencyes,
[*3.35.] foi" pventlon *whcreof, it is hereby ordered & enacted, that henceforth the
tyme for the election in townes shalbe in the second weeke of the first moneth,
with the same pcenalty the former law requircth, any direction in the former
law to the contrary notwithstanding.

Whereas the way of passinge of hoMses & landos by sale, in England, is
both peaceable & efFectuall, namely, by deed in writeinge, sealed & deliuered,
with liuery & seizin, or possession giuen of the same before wittnes, or by
deed acknowledged & enroled, or by sueing a fine, & that diuers within this
jurisdiction are apt to rest vppon a verball bargane or sale for bowses or
, landes of any value, this Court, havinge taken this thing into serious considera-
tion, doth hereby declare & order, for the ^vention of all clandestine & vncer-
tayne sales & tytles, that henceforth no sale or alienation of howscs or landes
in this jiuisdiction shalbe holden good in law, except the same be done by
deed in writing, vndcr hand & scale, & deliuered, & possession giuen vppon
part, in the name of the whole, by the vendor, or his atturney, so atithorized
vndcr hand & scale, vnlcs the Sd deed be acknowledged according to law, &
recorded.

I'robatc of

wiUs. \V hcrcas manv marchnnt(^ & scallucinge men, with other strangers that

Sales to be
writeinge.

THE MASSACHUSETTS BAY IN NEW ENGLAND. 281

frequently resort to the county of Suflblke, oftentimes by theire deathes leaue- 1 () .") 2.

inge theire estates vndisposed off, & very difficult to p>serue, in the intrems ' ^i '

from one County Court to another, by reason of the distance thereof, theire

estates are much hazarded to be lost & imbezelled, it is therfore ordred, that

it shall & may be lawfuU for any two magistrates, with the recorder of the

county, meeting together, to allow of any will of any deceased party to the

execute''^, or other psons in the will mentioned, so as the will be testified on

the oath of two or more wittnesses ; and also graunt administraco^ to the estate

of any pson tha*: shall dy intestate within the id county to the next of kin, or

to such as shalbe able to secure the same for the next of kin ; & the recorder

or clarke of the Court is to informe the rest of the magistrates of that county,

at the next County Coui't, of such will proued, or administration graunted, &

record them, any law, vseag, or custome to the contrary notw'i'standing.

Vppon information of sundry inconveniences arising in the county of Courts for
Midlesex, by the long distance betwixt the Court^ there holden, & that the
busines of Courtes there is much increased, it is ordred by this Court & the
authority thereof, that henceforth *there shalbe two Court^more there holden [*356.]
in a yeare, viz', one vppon the tliii-d day in the third weeke of the fourth
moneth, & the other vppon the third day of the first weeke in the ll"" mo"',
both to be kept at Charlestownc.

Forasmuch as there hath been a question in this Court about the Indians in<iians tyties.
tytle to landes, this Court, takeing it into consideraco, & willinge that there
may be a ffree passage of justice for theire right amongst vs, as well as for the
English, it is therefore ordred Sc enacted by this Coui-t & the authority thereof,
that what landes any of the Indians, within tliis jurisdictio, haue by possession
or improuement, by subdueing of the same, they haue just right therevnto,
accordinge to that Gen: 1: 28, chap: 9: 1, Psa: 115, 16. And for the
further encouragm' of the hopeful worke amongst them for the ciuilliziuge &
helping them forward to Christianitie, if any of the Indians shalbe brought to
ciuillitie, & shall come amongst the English, to inhabite in any of theire plan-
tations, & shall there liue ciuilly & orderly, that such Indians shall haue
allottment^ amongst the English, according to the custome of the English in
the like case. Further, it is ordred, that if, vppon good experience, there
shalbe a competent number of the Indians brought on to ciuilitie, so as to be
capable of a townshipp, vppon theire request vnto the Generall Court they
shall haue graunt of landes vndisposed off for a plantation, as the English
haue. It is further ordred by this Court, that if any plantatio or pson of the
English shall offer injuriously to put any of the Indians from theire planting
groundes or fishing places, vppon theire complaynt^ & proofe thereof, they

VOL. III. 36

282

THE RECORDS OF THE COLONY OF

Cunstables
■watches.

[*357.]

Comissionorf
to giue oath.

Country high -
wayes.

shall haue releife in any of the Court^ of justice amongst the English, as the
EngUsh haue. Further, it is orcli-ed by this Court and authoritie thereof, &
be it hereby ordred, that all the tract of land within the jurisdiction of this
Court, whether already graunted to any English plantations or psons, or to
^ graunted by this Court, (not being vnder the qualification of right to the
Indians fore recited,) is & shalbe accompted the just right of such English as
already haue or hereafter shall haue graunt of landes from this Court &
authority thereof, from y* of Gen : 1 : 28, & the invitation of the Indians.

As an addition to the late law about the cunstables watches in the
seuerall townes of this jurisdiction, it is ordred, & by the authority of this
Court enacted, that all the inhabitant^ of this jurisdiction shall henceforth,
according as they are warned to serue the country in the cunstables watches,
duly & strictly obserue the charge giuen by y* cunstables. *And the cunsta
bles in euery towne, from time to time, are hereby enjoyned to giue in theire
charges to all watchmen, that they duely examine all nightwalkers after ten of
the clocke in the night, vnles they be knowne to be peaceable inhabitant^, to
inquire whither they are goeiuge, & what theire busines is ; & in case of not
glueing rationall satisfaction to the watchmen or cunstable, then the cunstable
forthwith to seciu-e them till y" inorninge, & then the cunstable to carry such
pson or psons before the next magistrate or coinissiono''^, or three men, who
shall in this case haue power, as the coiriissiono'^ haue, to giue satisfaction for
theire being abroade at that tyme of night ; & if the id watchmen shall find
any inhabitant or straunger after ten of the clocke at night behaveing them-
selues any way deboyst, or that giueth not a reasonable ground to the cunsta-
ble or watchmen, or shalbe In drinke, to secure them by coinittment, or other-
wise, till the law be satisfyed. And further, the cunstables are are to giue
the watchmen in charge to se all noyses in the streetes stlld, & light^ put out,
except it be vppon necessary occasion, that fires, as much as may be, be
^vented, any law, custome, or vseage to the contrary notwithstanding.

It is ordred by this Court & authority thereof, that henceforth it shalbe
lawfull for any of the three coiiiission" appoynted to end small causes in the
seuerall townes, vppon the request of any pson or psons, to giue oath to any
wittnesses or others in any ciuill case, as any magistrate may doe, & euery
such oath so taken as afforeSd shalbe accounted authenticall in law, pvided
they bring in the originall testimony to the Coui-t where the case is to be
lieard, & deliuer the coppies (if they be required) to the pties.

Whereas the common highwayes betwixt Andeuor & Ipswich, Andevox
& Newbery, Andeuo'' & Rowley, are not yet layd out, by reason whereof
passengers doe suffer great pjudice & inconvenience, & the wayes vncapable of

THE MASSACHUSETTS BAY IN NEW ENGLAND. 283

being mended, because vnknow-ne where they wilbe layd forth, it is therefore 1 6 5 2.
hereby ordi-ed, that euery of the afforesd townes shall, within one mo"^ after * "> "^

, .... ■ r, /■ 1 • .19 October

the end of this sessions, nominate & appoyut one or two ot theire respectiue
inhabitant^, Avho are hereby authorized & appoynted to lay out the afforesd
highwayes betwixt the townes before mentioned, & to make returue thereof to
the next Court of Election. And it is ordi-ed, that the inhabitant^ of Ande-
Tor shall giue notice to the inhabitants^ or the prudentiall men of the other
townes of the time & place of theu-e meetinge for the endes aforid in write-
ing, & if any towne or townes shall neglect to doe what this order enjoynes
them, they shall forfeit the sum of flue pouiides to the common treasury ; &
if any pson *chosen & appoynted by any towne shall neglect his duty herein [*358.]
enjoyned, he shall forfeit the some of forty shilling^; -jivided, if any of the
townes afforesd shall send two of theire inhabitant^, yet they shall haue but
one vote in the decideing of any diffrence or controversie that may arise in the
laying forth & determining all or any of the afforesd highwayes ; and it is or-
dered, that if all ffower cannot agree in any pticuler, then any three agreeing
shall determine the same.

It is ordred by this Court, that no pson shall for the space of thi-ee yeares Fire works to
next ensuing make vse of M' Joh Clarkes invention for saucing of firewood
& warming of rooms w"' little cost^ & charges, by which meanes great ben-
efitt is like to be to the country, & especially to these populous places ; & if
any family or other pson doe by the consent & direction of the sd M'' Joh
Clai-ke, or without his consent, doth improue, or vse the sajd experiment, they
shall pay ten shilling^ to the sd M"" Clarke, for which he may sue or implead
any pson before any commissiono' for the same, as the case shall require.

For the g'vention of washing or cliping all such peeces of money as Money to be
shalbe coyned within this jurisdiction, it is ordred by this Court & author-
itie thereof, that henceforth all peeces of money coyned as afforesd, both shil-
ling^ & smaller peeces, shall haue a double ringe on either side, with tliis
inscription, (Massachusetts,) & a tree in the center on the one side, and
New England, & the date of the ycare, on the other side, according to a
draught herew^all fsented.

It is ordi-ed by this Court & the authoritic thereof, that all actions tria- Entry of ac-
ble before the commissiono'^ of the towne of Boston, which shall amount to ' '
aboue the value of forty shilling^, shalbe lyable to pay for the entry ten shil-
lingS, & for euery action so entred, & for all actions vnder the sd value, the sume
of three shilling & fewer pence, which shall appertayne to the sd comissiono'"(_
of Boston, for the defraying of theire charges ; and also that it shalbe lawful!
for any one magistrate, & the three comissiono"'' in the seuerall townes, who

284

THE RECORDS OF THE COLONY OF

1G52.

[*359.]

Caske to be
full sage.

Guns to be
mounted.

Senioritie of
laptaynes.

are appoynted to eud small causes, to req^uire the id sume of three shilling^
fower pence for the entry of all actions proper to theire cognizance, any
law or custome to the contrary notw^'stauding.

It is ordred by this Court, that, after publication hereof, any pson what-
soeuer, which hath, or shall haue, ground of action agaynst another, shall
haue liberty to impleade & trie any action triaTjle in, the Conimissiono'^^ Coui-t
of Boston, either in the sd Court, or any other that hath proper cognizance
thereof, as is pvided in the printed law, pag 1, which giues liberty to the playn?
to try in whether jurisdiction the playn? pleaseth, where either the playntife
or defend' dwelleth, provided that the summons or attatchment^^ be issued
within the limitt^ expressed in theire commission.

*Vpon information of sundry abuses Avhich may arise, & thereby reproach
redound to the country, by packing of beefe, porke, & other thing(^ in caske
that is not full gage, although the packer doe carefully fill the same as the law
pvides, it is therefore ordred by this Court, that henceforth eueiy packer shall
see that all caske he packes any beefe, porke, mackerell, fish, or other goodes in,
comitted to his care, be of true & full assize & gage, & that he packe the same
in no other caske whatsoeuer, on poenalty of ten shilling^ for euery caske by
him so packed that is or shalbe defectiue in that respect, the one halfe to the
informer, the other halfe to the country. This order to be p>sently published
& posted vp in Boston & Charlstowne, & by the first oppertunity notice hereof
giuen to Salem & Ipswich, & that an oath be forthw"" drawne for the searcher
& packer, who are hereby enjoyned to set there seuerall markes on them.

Vpon complaynt made to this Coui-t that seuerall great gunns of the
countryes, in Boston & other townes w^'in this jurisdiction, ly vnmounted &
neglected, it is ordred by this Court, that all townes that haue any such great
gunns in theire townes vnmounted as aflEbresd, are hereby enjoyned speedyly
to take cai-e to pvide good & sufficient cariages to be in a readynes before the
next Court of Election, or else to deliuer all such gunns to the siu'veyo' gen-
erall, to be disposed off as this Court shall giue direction.

It is ordi-ed by this Court, that all sortes of corne shalbe payd in the
country rate for this yeare ensuing, at these prises following, viz' : wheat &
barly at 5^ p bushell, rye & pease at 4^ p bushell, & Indian at three shilling^
p bushell, & all other thing^ payd in the country rate to be valued according
to the prises of all sortes of corne aboue menco''.

^"ppon a motion made to this Court by seuerall military officers for reso-
lution of a question concerning superiority of commaunders in this juiisdic-
tion, this Court doth order & declare that henceforth, according to the cus-
tonie in military discipline, all captaynes, w"» theire companies, shall take place

THE MASSACHUSETTS BAY IN NEW ENGLAND. 285

in standing, quartering, marching, & commaundiug in the regiment as occasio 165 2.

shall require, in all respect^ according to the seniority of theire commission in ' » '

the same regiment, & to the same place of commaund, & no otherwise ; refer-
ring psonall diffrences concerning seniority to be determined by the majo' &
officers of the regiment, or the majo"^ part of them, according to the law
established, and that no capt shalbe capable to commaund as a capt both ouer
a foot company & a troope of horse at the same time ; & whereas the towne
of Boston, in obedience to an order of this Generall Court, haue devided
themselues into fower companies, & left it to the determination of this Court
which capt should be accounted the eldest in that towne, this Court doth
order & declare, *that Capt Thomas Savage shall take place next after Majo'^ [*360.]
Edward Gibbons, & that Capt Thomas Clarke shalbe the third ; and whereas
the south part of the towne had made choyce of Capt Joh Leuerett to be
theii-e capt, who was formerly chosen capt oil a troope of horse, & confirmed
in y' place, it^ ordred, w"' relation to them, that they pceed to a new election,
& that theire capt take his place accordingly.

Whereas by the law, title Military, pag 42, sec 6, euery cap?, lieut, & Military offi-
ensigne is to be allowed at each County Court, & that, by the late law con- sbns, mode of
cerning the militia, made in the third moneth, 1652, euery commission officer, ^^^"'^'^•
both of horse & foote company, is to haue a commission from the Generall
Court, it is ordred by this Court & the authoritie thereof, that vppon the
allowance of any such officer by any County Court as affiaresd, such as ^sent
them to the Court shall take a certificate vnder the hand of the recorder or
clarke of that Court, which he shall forthwith deliuer to the secritaiy of the
Generall Court, who shall speedyly draw vp a perticuler coinission in parch-
ment, fayrly written, for euery such officer, & deliuer them to the eldest serg'
of each company when he comes for them, & the sd serg' shall cai-ry them to
the Gouerno'', who shall affix the scale of the colonie therevnto, the Sd serg'
payinge fine shilling^ for each seale, as the order pvides, & shall carry them
so sealed to the majo'' generall, who shall transmitt them to the majo' of each
regiment, to be by him, or his order, deliuered to the capt or cheife officer of
each company, to be deliuered to each officer to whom the same doth belonge ;
& for such military officers in any of the affi3reid places as were formerly
allowed, and haue no Avritten commission to act by, the eldest serg' of each
such company shall take certificate from the recorder of the Court where such
officer was allowed, & deliuer it to the secritary to be di-awn vp, which shall
beare date from the tyme of theire allowance, and expedited as afForesd;
pvided, that if the majoi^ generall, or majo'' of any regiment, be at any time
wantinge, the GoQno'' shall then deliuer any such coinission vnto the officer to

286

THE RECORDS OF THE COLONY OF

1G52.

Cap' Gerish
libertie.

[*361.]

Officers al-
lowed.

Captaynes
comission of a
troop of horse.

Leiu' comis-
sion.

whom it doth belonge, or such other officer of his company as shall repayre
to him foi- the same, the secritary belug payd six pence for each comissio.

It is ordred by this Couit, that Capt W" Gerish, who standes charged
with the commaund of a troope of horse & a foote company, shall haue coinis-
sion to coiuaund the horse, & only haue liberty to exercise the foote vntill the
company shall otherwise pvide, & fsent another to take cheife commaund
thereof, as a towne company.

*'L'his Court haueing giueu liberty to the seuerall troopes of horse in this
jurisdiction to compleate theire officers, which accordingly the troope of Suf-
folke regiment hauing done, & made choyce of Capt Joh Leuerett for theire
capt, M"" W™ Davis for theire leiutenant, M'' Peter Oliver for their cornet, &
Joh Smyth, of Dorchester, for theire quarter master, which, vppon theii-e re-
quest to this Court, are allowed and confirmed in theire places.

Whereas, vppon the submission of th^ inhabitant^ vppon the Riuer of
Pascataq to this jurisdiction, this Court did graunt them, amongst other priv-
iledges, liberty to send t-\vo deputyes from the id riuer, & whereas the freemen
of Doner are increased to that number that by another law they haue liberty
to send two deputyes to this Court, this Court doth order & declare, that the
id towne of Doner shall henceforth enjoy theire libtie to send two deputyes,
according to law, & that Straberybanke shall haue libtie to send one, accord-
ing to former agreement.

The towne of Salem, being debtor to the country for seuerall barrells of
powder, vppon the request of theire deputyes, haue one of the id barrells
allowed them towards what they haue expended in saluteing of shipps, &
otherwise, vppon necessaiy occasions.

The Generall Court of the Massachuset^ to J: L:, Capt.
Whereas you are chosen & allowed by the authoritie of this common wealth
to be capt of a troope of horse for the county of SufFolke, these are therefore
to will & require you to take care & charge of the id troope of horse, as theire
capt, & diligently to intend the service thereof, and to exercise yo"^ inferior
officers & souldiers, both in peace & warr, according to law, commaunding
them to obey you, as theire capt, for the service of this common wealth, &
you to obserue & obey all such orders & directions as from time to time you
shall receiue from yo"" majo' generall, or other superio'' officers, or authority of
this common wealth, according to law.

Tlie Generall Court of the :\rassachusct(^ to W: D:, Leint.
Whereas you are chosen & allowed by the authoritie of this common
wealth to be lieut of a troope of horse, vnder the conduct of J: L:, cap?.

THE MASSACHUSETTS BAY IN NEW ENGLAND. 287

these are therefore to will & require you to take the sd troop into yo'' care & 1 (J 5 2.

charge, as lieut, & diligently to intend the service thereof, & to exercise yo"^ in- ' ^f '

ferio' officers and souldiers, both in peace & warr, according to law, coramaund-

ing them to obey you as theirs lelut, for the service of this common wealth,

& that you obey such orders & directions as from time to time you shall receiue

from yo"' capt, or other superio'^ officers, or authoritie of this common

wealth.

*The Generall Court of the Mass: to P: 0:, Cornett. [*362.]

Whereas you are chosen & allowed by the authoritie of this common comission.
wealth to be cornet of a ti'oope of horse, vnder the conduct of J: L:, caj)?,
these are therefore to will & require you forthwith to receiue & take the id
troope into yo"' care & charge, as cornett, & diligently to intend the service
thereof, & to exercise yo"' inferio"" officers & souldiers, both in peace & warr,
according to law, commaunding them to obey you as theire cornett, for
the service of this common wealth, & you to obey such orders & directions as
from time to time you shall receiue from yo"^ capt, or other superio'' officers, or
authoritie of this common wealth.

The Generall Court, &d, to J: S:, Quarter Master. QuartetM'C

^ • ^ cojuission.

Whereas you are chosen & allo\\ed by the authoritie of this common
wealth to be quartermaster of a troop of horse, vnder the conduct of J: L:,
capt, these are therefore to will & require you forthw"* to take the sd troop
into yo' care & charge as quartermaster thereof, & diligently to intend that
service, & to exercise yo"^ inferio"^ officers & souldiers, both in peace & wan-,
commaunding them to obey you as theire quartermaster for for the service of
this common wealth, & you to obey such orders as from time to time you
shall rec from yo"' cap^, or other supcrio'' officers, or authoritie of this common
wealth.

The County Court, which was to begin the next second day, is ad-
journed to the 16 of Nouember next, (21 : 8, 1652.)

This Court, takeing into considerat sundry reasons why the churches Humiiiatio
should set apt a solemne day of humilial, especially for these reasons follow- ^^'
ing : the losse of many psons by vnwonted diseases ; 2''', in respect of vnvsuall
stormes & contynued raynes ; 3'^, want of supply of meet psons for publicke
service ; 4'^, for the worldly mindednes, oppression, & hardhartednes feard
to be amongst vs ; as also in regard of England & the warrs theire, the in-
crease of herisies & errors, &(? ; & that God would giue vs favour in the

288

THE RECORDS OF THE COLONY OF

1G52.

liait^ of the Parliament, &6 ; \\l, y' God would supply vs with such comod-
ities as are wanting, &.&. This day to be obserued, lO"" : 9"^ next.

[*363.]

The answer of Joh Sherman, serg' at Watertowne, and Jonathan Ince,
student at Harvard CoUedge in Cambridg, to Capt Symon Willard & Cap?
Edward Johnson, commissiono'^ of the Generall Court held at Boston, May
27"", 1652, concerninge the latitude of the northermost part of Merimacke
Eiuer. Whereas we, Joh Sherman & Jonathan Ince, were pcured by the
afforeid coinissiono''^ to take the latitude of the place aboue named, our an-
swer is, *that Aqucdahian, the name of the head of Merimacke where it
issues out of the Lake Winnapusseakit, vppon the first of August, one
thowsand six hundred fifty two, we obserued, & by observation found, that
the latitude of the place was forty three degrees, forty minutes, & twelue
seconds, besides those minutes which are to be allowed for the three miles
more north which run into the lake ; in wittnes whereof we haue subscribed
o'^ names this ninteenth of October, 1652.

JOHN SHERMAN,
JONATHAN INCE.

Ju-^ coram JOHN ENDECOTT, Gut.

To o'' trusty & welbeloued ifriends. A, B, C, D, &S.

Whereas you are chosen commissiono'^ by this Coui-t to settle the ciuill
gouerment amongst the inhabitant^ of Kettery, the He of Shoales, Agga-
menticus, & so to the most northerly extent of o"" patent, you are hereby
authorized & required with all convenient speede to repayre to those partes,
and there, by summons, to assemble the inhabitant^, together in some place
yv'^^ you shall judge most convenient, & to declare vnto them o' just right
to, & jurisdiction ouer, those tractes of land where they inhabite, requireing
theire subjection therevnto, assuring them they shall enjoy equall ptection &
priuiledges with o'selues : further, we doe hereby giue & graunt vnto you
full power & authoritie to summon & keepe a Court or Court^ there to heare
& determine all causes, ciuill & criminall, accordinge to the power & authori-
tie of o"" County Courtes ; to nominate & appoynt commissiono''^^, administer
oathes to them, & invest them w"' such power as yo'selues, or the majo' part
of you, shall judge meete ; as also to appoynt, sweare cunstables & such other
officers as you shall judge needfuU for the ^seruation of the peace; to con-
forme & settle proprieties ; to graunt priviledges, ptections, & imunities ; &
to settle the gouerment there: & fuither, to doe & act in the f>mises, or
any thinge of like nature, for the endes afForesd, till this Court shall take

THE MASSACHUSETTS BAY IN NEW ENGLAND. 289

furthci order therein, as in yo"' wisdomes & discretio you shall judge most to 1 (J 5 2.
conduce to the glory of God & the peace & welfare of the people there, & the "" ^^ ^

, „ n Til •n^^'^ October.

mayntenance of o'^ owne just nght(^ & intrest^; & we doe hereby will cSc

require all magist^, *magis(raics, commissiono'^, captaynes, & all other offi- [*364:.]

cers, ciuill & military, within the county of Norfolkc, & all the inhab-

itant(^ of the He of Shoales & beyond the Kiuer of Pascataq,, within the limitt^^

of o' jjattent, to be aydinge & assisting to these o' coinissiono''^, as they

shall se cause to crauc or require ; & in confirmation hereof we haue caused

the seale of o"' colony to be herevnto affixed this 3^ (8), 1652.

The tyme being expired of the C'ourt<^ graunt of the customes of wines Custome of
to those who were the farmers thereof, & the Court haueing publickly de-
clared that any man that had a desire to rent the Sd customes should repayre
at a tynie appoyntcd to the Court to compound for the same, sundry gen'
appearinge had libtic, & did offer to the value of 160" & 162" ; but the last
& most was 165" by Capt W"" Hawthorne, to whom the Court hath graunted
the Sd custome of wines for the space of fine yeares from the day of the date
of these psent^, for which he is to put in sufficyent securitie for the payment
of the sd sume of 165" yearly to the Treasurer, or ■\\ho else this Court shall
appoynt to receiue the same, in current country pay ; and that the sd Cap?
Hawthorne be invested Mith full power for the recouery of the sd customes
in all respect(^ as hath been graunted to others in times past in this ease.

In answer to the petition of Archimbald Henderson for rcpayratio of Hendersons
wronge ^tended to be done him by Samuel Bidfeild, a cunstable in Boston,
the Coui-t, haueing pvsed the cuidences in the case, doe judge that the peti-
tiono"" was justly punished by the County Court for his swearinge, cursinge, &
drunkenes, as also that he was justly fined ten poundes to the country for his
other miscariages, & that his fine poundes fine to the cunstable was also just ;
& whereas he was ordred to pay eyght poundes for strikeinge of fower men,
who came to assist the cunstable, this Court, seinge no evidence proueing
any more then three psons so abused, doe judge that he should be abated forty
shilling^^ in reference therevnto, & doe judge that the cunstable did not
exceed the duty of his place in what he did to punish the petitiono"' for his
offence.

This Court doth hereby declare theire approbation & justification of theire CouiissionurC

— • • 1 • 1 ' -r»i 1 1 r o 1 '^^^ approued.

comissiono'^ ni judgmge theu-e last meetmge at rlymouth to be ti-ustate, & doc
expect satisfaction from the jurisdictions of Plymouth & Newhaven ; and for
tvme to come we cannot consent that the ordinary yearly meetinge should
hold, & the act<;^ of the commissionoX he valid, except two commissionoX
VOL. in. 37

290 THE RECOllDS OF THE COLONY OF

165 2. fiom cacli colony, authorized as in the sixth article, doe meete vppon the day
:ippoyntcd.

*Capt Davenport being vnder a fine for shooting off fiue guns in the
night, vppon his petition to this Court, his offence is past by, & his fine

remitted. remitted.

Meadfeilds Vppon the request of the deputy of jMeadfeild, in the name of theire

miiaoo cei. j^^^.j^g^ Georg Barber, being eldest sargeant, is hereby authorized to carry on
the militarje exercise there.

Cookes land W" Parkes, of Roxbury, bcinge authorized as an atturney to make sale

con rme . ^j- (.gj.f^yj,g lands in Dcdham, somtimes appteyning to Samuel Cooke, of
Dublin, in Ireland, gen', and having made sale of the sd landes to Capt
Eleazur Lusher and Anthony Fisher, of Dedham, aflforeid, vppon theire re-
quest to this Court, the sd sale is hereby confirmed & allowed.

Wooburnes an- Seuerall of the inhabitant^ of Wooburne ^feringe a petitio to this Court

that the farmes lately graunted vnto o"" ^sent hono'''' Deputy Gouerno'' & o'
late hone"''' Gotlno'', 'M' Joh Winthropp, might be layd out for end(^ & pur-
poses exprest in theire sd pet, hath theire request^ graunted ; & this Court
doth hereby authorize M" Edward Goffe, Thomas Danforth, & Joh Bridge, of
Cambridge, for effectingc the same.

Answ. to Cam- In answer to the petition of the inhabitant^ of Cambridge for the lay-

ing out of 3000 acors of land, graunted to jSI'^ Winthrop & his wife, at
Shawshin, this Court orders & appoynt^^ Cap? Willard, Captayne Edward John-
son, Serg' Hale, & Serg' Sherman to be coinissiono''^ to lay out the land as is
desired, & that it be done before the twenty fourth day of the fourth mo"' next.

Tybbot^n-ill. Whereas the last will Sc testament of Walter Tibbot, of Gloc, deceased

14 (6), 1651, was by Robert Tucker deliuered into this Coui-t, but cannot now
be found ; a coppie whereof is now agayne ^sented to this Court, vnder the
hands of M' W™ Perkins, & Robert Tucker, testifying to the truth of it, to
theire best remembrance, Appon whose testmony this Court thinkes meete to
allow of the id will.

Kentffincdis- Steucn Kent, of Haverill, beinge fined ten pounds for suffring fiue

Indians to be drunken in his howse, is hereby ordered to pay the sd ten
poundes to the select men of the id towne of Haverill within one mo"", who
shall therewith satisfy for the cure of one of the sd Indians, who was hurt by
the cunstable when he was a^hended ; & in case of his refusall, the marshall
shall hereby fetch the id ten poundes from Steuen Kent, with charge for his
paynes, & deliuer it accordingly.

Bhawcs power. It is ordred by this Court, that Roger Shaw, of Hanipton, shall haue

power to sue the late cunstable of Hamptij aflbrcsd for 8''' '2" 6'', with such

THE MASSACHUSETTS BAY IN NEW ENGLAND. 291

other charge as may transport the same to the survejo"' geuerall, or any other 1G5 2.
concerned therein, at the next Coiut held at Salem. ^^ '

An order concerninge this was made (28) 3, 1652.

*M"' Ambrose Lane f>feringe a petition to haue a speciall Court for [*366.]
the triall of some actions betweene Eobt Nash, JM' Eobt, & himselfe, hath L^'"^" *"'"^'
his request graunted, pvided the case betweene him & M' Valentine Hill
be excepted, who is by him summoned to answer it at the next County
Court.

M"' David Sellake, craueing pardon for his offence iu bringing some of M'Sellakere-
the Irish men on shoare, hath his fine remitted, so as the first optunitie be
taken to send them out of this jurisdiction, p consilium. The sd M' Sel-
lake, on his request, hath libtie for the bringing another Irish man on shoare,
to endevoar his recouery, pvided he giue bond to send him out of this juris-
diction when he is well.

The inhabitants^ of Nantaskett complayning of some injury oftred them. Hulls answer.
by reason of Lovills Hand being detayned from them, the Court orders them
to haue a hearing the next Gener'^ Court, & in the meane time lititie is
graunted them to suiiion any then & there to appeare who legally detajaie any
iland^ from them.

There beinge fifty poundes long since dew from this colonye to M' M'Pococko
Pococke, in London, for the payment of ■\\'hich this Court orders, & the
Treasurer vndertakcs to shipp fifty poundes in commodities for Berbados in
one month, & to order the pduce for England on the countryes adventure, the
country allowinge forbearance vntill the Treasurer be repayd, which canot be
vntill the rate 1653, glueing M'' Hibbens a bill of lading what goodes are
shipt for the accompt of M"^ Pococke.

The inhabitant^ of the south end of Boston, pferringe a petitio for the South Compa-
confirmation of Cap? Joh Leuerett to be theire cap?, receiued this answer :
the Court is very tender of glueing any discouragment to the petitioner^, &
having by order confirmed Capt Leueritt to commaund a trooppe of horse, a
place of greater honor, & wherein he may be more serviceable to the country,
we cannot consent to the petitiono''^^ request, which tends to o"" loss & the dis-
couragment of a deseruing man : we therefore tliinke it meete the petitiono''^
pceed to a new election, & the Court will be ready to confirme any meet man
they shall ^sent.

The Court doth judge, that the testimonyes pduced to proue the Hand Pembertons
mentioned in James Pembertons, & called by his name, to belonge to him,
doe fully proue the same, & doe therefore declare the sd Hand to be his
propriety.

292

THE RECORDS OF THE COLONY OF

1652.

We, Joh Pinchon, Elitzur Holyoke, & Samuel Cliapin, comissiono'"^ for
tlie towue of Springfeilcl, by order of the Generall Court, doe lieare sweare
by the liuing God, that we will truly endevour to o'^ best abillity to demeane
o''selues hi o'' places accordiug to the lawes of God & of this jurisdiction, &
that we will dispence justice on all occasions * occasions proper to o'' place, &
cognizance equally & impartially dureing o' aboade in this jurisdiction, & con-
tynuance in couiission, as afforeisd. So help, &0. This oath to be taken
before the selectmen & cunstable of the townc of Springfcild.

Capt. Aliens
ouerseers.

Mri" Winthrops
answer.

It is also ordred, that the psons abouc mentioned should haue the same
commission to act by which was graunted to ^P Henry Smyth the last
yeare.

In answer to the petition of the ouerseers of the last will & testament of
Capt Bozoone Allen, it is ordred, that administration be graunled to the
widdow & the two oQseers, & that they pforme the impfit will as farr as may
be; & the sd widdow & oSseers shall haue power to act as executo'^^ &
executrix ; & whereas the scale of the sd will was accidentally tome away
while it was in the hands of the Court, this Coiut doth order & declare, that
the sd will shall in all respect(^ be accounted authenticall without it, as it was
before.

Joane Capen, widdow, being vnder a fine for not proueing her husbands
will according to the law, vppon her pel to this Court, hath her fine remitted,
& is hereby oidred to proue the sd will at the next County Court.

In an.swer to a petition psented in the behalfe of M"'" Elizabeth Win-
throp, lute m ife to ^l' Addam Wmthrop, deceasd, it is hereby ordicd &
declareil, that Adam Winthrop, the orphane, of about fine yeares of age,
beinge the oncly child of Adam Winthrop, the father, & grand child to Joh
Winthrop, the grand father, is the true proprieto' of the iland called the Gou-
erno""^ Iland, to haue and to hold to him & his heiies ; and that Elizabeth
Winthropp, second wife to Adam Winthropp, deceased, shall haue the full
thli-ds of the pfitt^ of the sd iland for her Ufe ; and that M' Henry Dunster,
M"' Elizabeth Winthropp, dureinge her widdow wood, M' Edwai-d Rawson,
Capt Thomas Clarke, & Capt Eichard Dauenport ai-e appoynted guardians
ouer the sd Adam Winthropp, the orphant, to take care of his education, &
also of all his estate, reall & psonall, & to be accountable for the same vnto
the sd Adam or his guardian whom he shall chuse when he comes to the age
of fi'ourteene yeares ; and that administration shalbe graunted equally of the
goods & chatties late of Adam AVinthropp, deceased, vnto M"' Elizabeth
Winthropp, widdow, & vnto Addam Winthropp, the orphane.

THE MASSACHUSETT:^ BAY IN NEW ENGLAND. 293

There being a question when the country gaue the yongest child of Joh ] (5 5 2.
Winthrop, Es^, two hundred poundes, wliich is occasioned by the loss of ' » '
the record, it being vet in the pfect memory of most of the Couit *that that „ „,. ,

> a ■! t J M'Winthrops

graunt was made in the third mo"*, 1649, the imediate Court after the decease cb'Ms 2O0''i.
of the id M'^ Winthropp, tliis Court orders, that the graunt of the Court be [ 3do.]
incerted in the Court records from tliat time.

Vppon the petition of Capt Joh Leucrett, this Court doth graunt vnto Capt. Leueit^
him all those small Hands lying Avithin tlie bay betweene Allerton Poynt &
Nahant, not hereto fore grauntcd ; his father putting in money into the com-
mon stocke in the begiuing of this plantation, for which he neuer had any
consideration.

The inliabitant(^ of Gloc, being vnder a fine for neglecting to obserue the GloC fine re-

11 .•_/i. _i. .. !•/-( imitted.

law about ttie nominatio ot magistrates, vppo theire petition to this Court,
haue theire fine remitted.

Capt Joh Leuerett, Capt W™ Tyng, Capt Thomas Savage, M'' Nathaniell Boston comis-
Duncan, M' Edward Tynge, Cap? Thomas Clark, & M"^ Anthony Stoddard *"'"°''^'
being legally chosen comissiono'"^ for the towne of Boston, tooke theire oathes
before the Gouenio"^ & Magist^, the Gouerno"^ administring the oath 23'' 8"", 23 October.
1652.

The inhabitant^ of Strabery Banke, pfering a petition for the enlargm' of Answ. toSira
theire towne bounds, are referd to the next Coiut of Election for further ' '
answer, when Capt Wiggan is to shew his pattent. This Court further
graunts, that JM"^ Henry Sherbourue «S; ^I'' Reynold Feniald be admitted as
associates, according to theire petition.

In answer to the petitio of seuerall of the inhabitants^ of Boston, the Court Bostons an-
graunt^ theire pet, viz*, the continuation of the commission graunted to the
commlssiono''^, & doe order, that the freemen shall haue libertie to make anew
election yearly, according to the first graunt, leaueing them to choose the same
coiiiissiono''^, or others, as they shall please, filling vp the whole number of
seaven.

In answer to the petition of the new church at Boston, the Court declares New chh- an-
they haue not, nor intended in theire advice giuen, condemned or discouraged
the church or jM' Powell fro exerciseinge in publicke till it please God to
pA^ide better for them ; but o'' advice is agaynst pceeding to establish M''
Powell a teachinge elder, & the reasons which induce vs are these : that, not-
withstanding the judgment of the church concerning M"" Powells abillities &
fittnes, yet the Court are not satisfied of the expediency of theire pceeding(^
in respect of this place of such publicke resort, & considering the humo"^ of
the times in England inclineing to discourag learning, agaynst which we haue

294

THE RECORDS OF THE COLONY OF

1G52.

[*369.]

Brentons ;
swer.

born testimony, this Court, in o' petition to the Parliament, which we should
contradict if we should approue of such pceeding^ amongst o^'selues.

The Generall Court haueinge receiued credible information that the new
church in Boston haue chosen M"' Powell to be theire minister, & that he hath
accepted of theue choyce, they thinke it meete, in respect of the trust the
country hath committed to them, louingly to advise both the church & M'
Powell to desist frona any fiuther *pceeding^ therein for many reasons to long
to be incerted herein, which yet they shall communicate to the church or M'
Powell, if they desire it, and doubt not, therefore, of the church & M'
Powells attendance to this advice, & the rather because they may be com-
petently furnished with an able minister, which, as it is mostly desired, so
will it tend most to the advauncement of Godes glory & increase of peace, with
Christian loue, with comfort to themselues & theire neighbours, of which they
will haue no cause to repent ; for the furtherance whereof the Generall Court
will not be wanting in theire endeuours.

Martha Breuton desireinge an Irish boy & glrle, about the age of 12

yeares, for servant^, hath her request graunted, so as the pties are pued before

two magistrat^^ to be borne of English parent^.

M' Hills an- M'' Joseph Hills, pfcrring a petition for the remittment of fines imposed

on the chh of Maldon & theire pasto% receiued this answer : that M'

Matthew's fine

remitted. Matliewes fine should be remitted, & ten pounds remitted of the chches

censure.

George Bowers, of Cambridge, beinge fined ten pounds for giueinge votes
for the magist^, being a nonfreeman, was fined ten pounds, & vppon his pe-
tition to this Court, hath fine pounds of his sd fine abated.

Ternes answer. INliles Teme sellinge a pcell of land to the value of twelue pounds, for

the vse & behoofe of two small children his wife had by a former husband,
vppon his request to this Court, the sale of the sd lands is hereby confirmed
to the purchaser peaceably to enjoy.

Eices answ. Edmund Rice, of Sudbury, Jyfcrringe a pet for the graunt of three little

peeces of meddow, cont about twenty acors, & thirty acors of vpland, lying a
mile from Cochituate Brooke, or thereaboute, hath his request graunted, viz',
fifty acors of land in the place aboue mentioned, whereof twenty to be med-
dow, if it be there to be had, & that Capt Willard & Lieut Goodenow are
hereby appoynted to lay it out.

Natieke Itt is ordred, that Capt Lusher, M'^ .Tackson, the surveio'' generall, 'W™

Parkes, & Sai-gent Sherman, or any three of them, shalbc & hereby are im-
powered to lay out meet bounds for the Indian plantation at Natieke, betweene
this & the next Court of Election, makcingc theire rcturne to the Court.

THE MASSACHUSETTS BAY IN NEW ENGLAND. 295

It^ oidred by this Court that the clarkc for the Howse of Deputjcs shall 1 (> 5 2.
ace" w"* the audito' generall for all such sums as he hath from time to time * ^ '

■ o 1 T 1 11 ^'^ October.

receiued *in reference to his alloAvance for his service, & that the audito"^ shall ^^^ cidL^kt
sigiie him a bill for the payment of what shalbc found due to him from the "cc".
country. L ' '-'

Capt Eichard Dauenport aknowledginge, vnder his hand, the receit of Farmers aquit
fower hundred & fowerscore pounds, dew to the garison from the formers of
the custome of wines for fower yeares last past, this Court doth therevppon
order that the band of the sd farmers shalbe deliuered vpp to them, &' they
ai'e hereby discharged.

This Court doth order that the bill assigned by Joseph Jewett, steward Capt. Walker
for the Howse of Dep*(^, to the audito>', for Capt Walker, should pass, & that
the id Capt Walker be also allowed forty shilling^ for the loss of a mare foale,
when he lent his mare to M' Belliugham for the countryes vse.

Mary Woody, late the wife of Joh Woody, deceased, desireinge the helpe Woodyes an-
and advise of this Court in the ordringe & mannaginge of the estate of her
id late husband, receiued this answer : that the petilioner should make vpp
the acc°, & pduce the same w* the will & the inventory, to the next Quarter
Court at Boston, who haue power herein to determine the case.

In answer to the petitio of M' Nicholas Shapleigh, the Court doth graunt M' Shaplcys
the petitiono' free libtie to come into any part of this jurisdiction, & depart
home, w'l'out any restraynt to his pson, for the terme of one yeare, & shall
haue lifetie to sue any pson, or to review any action that by any of o"' Courts
hath past agajTist him, or petition any Court for releife, pvided that what the
id M'' Shapley shall recouer of any pson by all or any the meanes afforesd
shalbe liable to any attatchment or executio which any pson shall lay vppon
them. Dated the 26"^ October, 165:2. 26 October.

In answer to the pe? of Mennen Coruelison, it is ordred, that the petition- Dutchmans
o"' shalbe satisfied, by the administrato'^ of Capt Howsen, the whole value of
the estate put aboard Capt Howsen, proued by Alexander Monroes & Richard
Stajnes, according as it shalbe valued . by M'' James Garrett, & two men
chosen, the one by one ptye, the other by the other, or any two of them ; & if
any of the ptyes shall refuse or neglect to chuse a man as afforesd, then ]\i''
Garrett & the other shall pceed to valuation ; & that there shalbe a true inven-
tory of the estate brought in vppon oath to the next County Court, by reason
of many other debt^ oweinge by Capt Howsen, which will appeare vppon
good proff, & that the creditor^^ may haue power to psccutc by law for rc-
coucry of theire debts iu any County Court(\

296

THE RECORDS OF THE COLONY OF

1G52.

*Thc South Company in Boston, pfening a second pet for Cap? Leuerett
to be tlieire capt, are referd for answer there vnto to the ans' of theire former
pet of the like nature.

In answer to the petition of the psident & fcllowes of Harvard Colledge
for the layinge out of eyght hundred acors of land giuen them by M' Eott
Cooke, late of Charlestowne, it is ordred, that theire petition be graunted, &
that they haue littie to imploy such as they please to find out such a place or
places as may be most commodious & convenient for them, & to retufnc to this
Court what they haue done therein, to the end it may be layd out & con-
firmed to them.

In answer to the petition of Alee, an old '\\^elch woma, she is to be set
at libtie out of prison & discharged.

Martin Stebbius, ]p>feringe a petition for libtie to keepe a howse of en-
tertaynment, hath his request graunted, if the select men of Boston giue way
therevnto.

16 5 3.

IS Mav.

[*3t;>.]

Att a Geiicrull Court of Election, held at Boston, the 18 of the
3' Mo'", dn.no 1653.

Clioscn : —

John Endecott, Esq>, Gouerno"'.
Richard Bellingham, Esq>, Dep' GoQno"'.

Assistants • Increase Nowell, Gent,
Symou Bradstreet, Gent,
Samuel Symouds, Gent,
William Hibbens, Gent,
Capt Robt Bridges, Gent,
Thomas Flint, Gent,
John Glouer, Gent,
Thomas Wiggan, Gent,
Capt Daniel Gookcn, Gent.
Major Daniel Denlson, C>ent, Majo'' Gcnerall.

Symon Bradstrecte & Capt W"" Hathornc, Gent, Coinisslono''^.

Edward Rawson, Gent, chosen Secretary.

Richard Russell, Gent, chosen Treasurer.

THE MASSACHUSETTS BAY IN NEW ENGLAND. 297

The names of the Deputy es : — 16 53.

Salem : Lieut Thomas Lothropp, M' Jacob Barney.
Charlstowne : M' Richard Russell, Cap? Frauncis Norton.
Dorchester : Leiut Roger Clapp, Ensigne Hopestill Foster.
Boston : Capt John Leuerett, Capt Thomas Clarke.
Roxbury : M'' John Johnson, INI"^ William Parks.
Watertow : Serg' John Sherman, INIichael Berstow.
Lynn : M"^ Thomas Layton.

Cambridge : M"' Edward Jackson, M"^ Richard Jackson.
Ipswitch : ]\P John Whipple, M'^ George Gittens, M'' Samuel Winsley.
Newbery : Ca^Jt W" Gerish.
Waymouth : Thomas Dyer.

Hingham : Capt Joshua Hubbard, Ensigne Jef Howchen.
Concord : ^Major Symo Willard.
Dedham : Leiut Joshua Fisher, Francis Chickeringe.
Salsbury : M'' Samuel Winsley.
Hampton: M'' Roger Shaw.
Rowley : M"^ Joseph Jewett.
Sudbury : M"" Edmund Rice.
Brauutry : M'' Peter Brackett, Stephen Kinsley.
Douer : M' Valentine Hill.
StraberyBanke : M"" Brian Pendleton,
Gloucester : M-^ W-" Steuens.
Wooburne : Capt Edward Johnson.
Wenham : M' Pheneas Fiske.
Hauerill : M" Robt Clements.
Reading : William Cowdrey.
Springfeild : Capt Humphrc)' Atherton.
Maldon : M' Joseph Hills.
Meadfeild : M-^ Ralph Whellocke.
Kettry : M'' John Wincoll.
Yorke : M'" Edward Rushworth.

Cap? Humphrey Atherton was chosen Speake for the Howse of Deputyes for
this session of Court.

W" Torrey was chosen Clarke for the yeare ensuinge.

M' Joseph Jewet & M'^ William Parkes chosen Stewards.

*TT is ordred by this Court & the authoritie thereof, for f ventinge of any [*373.]
J_ such trade as may be of dangerous consequence to o''selues, as the Phibition of

trade with

strengthninge of psons in hostillitie to o"^ nation or o'selues, that from the publi- Dutch or

as corne, beefe, pease, bread, or porke, &6, into any of the plantations of Dutch
or French inhabiting in auy of the pts of America ; & in case any shall so doe,
VOL. III. 38

298 THE RECORDS OF THE COLONY OP

tliey shall pay treble the value so traded, vppon legall conviction ; to which end

caution shalbe giucn by all shipps or smaller vessells that shall transport any

pvisions for trade, that they shall not deliuer, directly nor indirectly, any of

the before phibited provisions to any of the psons or theire assignes before

excepted ; in psuance whereof, if any pson transportinge as before intended

shall not giue in caution to the double value to the clarke of the County

Courts, or the secritary nt Boston, whence they sa^le from, to assure his fidel-

lity to this order, he or they shall forfeit such vessell & goods, the one foui'th

part to the informer, the rest to the country.

Wooie to be . This Court, takeing into consideration the necessity of a right ordering

it is offered for °i' woole in seucrall respect^, doth order that all manner of psons who are

^^^^- owners of shecpe, & shall put the woole to sale, shall, & hereby are, enjoyned

yearly to wash theire sheepe in cleare water, not beinge either salt, brackish,

or dirty, & also that care be taken that they may not be kept in durty or sandy

ground betweene the time of washing & shearinge ; & it is further ordi-ed, that

in makeing vp the fleeces due care be taken that no short lock^, lumps of

durt, be wound vpp therein, vppon the pccnalty of forfeiture of twelue pence

- p sheepe, in defect of all or any of the pticulers aboue mentioned.

Choyce of cun- Forasmuch as it is of great concernment to the cpuntry, that in all

„. . " townes there' should be meete psons chosen to the of&ce of cunstable, this

ton. Fine £ 10 r . '

for refusing to Coiut finding by experienc & some complayntf^^, that in greater townes, es-
pecially in Boston, many who are meete & fit to serue the country in such of-
fices, by reason of the smaln'es of the fines y* townes haue power to impose for
such refusall, which is but twenty shillings, take encouragment to withdraw
themselues from the countrycs service in such respect^, it is therefore ordred,
that henceforth it shalbe in the power of j" towne of Boston to impose the
fine of ten pounds on euery such pson that shall refuse to serue the countiy
in the office of a cunstable in y' towne, that in his pson is able to execute the
same, & the select men of the towne of Boston are hereby from time to time
[*37-in impowered *by a warrent signed vnder the hands of the major pt of the id
select men for the time beinge to the cunstable, who shall leuy the same by
distress, & deliuer the id fine to the id select men, to be improued for the
towne, as a towne stocke ; & all other townes haue liberty to fine any pson
fiue pounds for the like offence.

Horses rated. Whereas the order made to regulate in poynt of rateinge for the coun-

tryes vse pvided how horses, mai-es, & colt^ should be valued, which at
psent is farr below what they are worth, for redi-essing whereof this Court
doth order, that in all country rates euery mare, horse, & guilding of fewer
yearcs old & vpwards, shalbe valued at sixteene poundes ; of three years

THE MASSACHUSETTS BAY IN NEW ENGLAND. 299

old at ten pounds ; of two yearcs old at seueu pomidcs ; of one yeare old at 1 (5 5 3.
three pounds ten sliillingf^; & tliis to contjTiue for two yearcs only, vnlcs ^i^ '

the Generall Court shall se cause to contynue or alter the same.

There havinge beene more then ordinary expences this yeare, by reason Double rate.
of the troubles & other ncedfuU & vrgent occasions, so that the aSual country
leuy will not reach to satisfaction of o'' eugagment^, it is therefore ordi-ed by
this Court, that the Treasurer shall forthwith issue out warrent^ to the cun-
stablcs of the seuerall townes in this jurisdiction, requiring them to signifie
to the select men of each towne, that at the time appoynted for the yearly
making of rates, each townes proportion be as much more as hath bin vsuall
in times past, both in respect of heads & estates, & doe therefore order the id
select men to act herein accordingly.

It is ordred by this Court, that the Commissiono'f^ Court at Portsmouth Portsmouth
shall haue equall power for triall of actions within themselues, to the value of
ten poundes, as Yorke & Kettery haue, which shall continue till the Court
take further order ; & the County Court^of Doner & Portsmouth shall anually
haue theire Couit^ vppon the last Twcsday in Jime, & the county of Yorke-
shire shall haue the Covmty Court the Thursday followinge.

For the incouragment of Haruard CoUedge, & the societie thereof, & for CoUedge
the more comfortable mayntenance & prouision for the ^sident, fFellowes, &
student^ thereof, in time to come, this Court doth graunt vnto the sd societie
& corporation, for the ends afforesd, two thousand acors of land, within this
jurisdiction, not formerly graunted to any other, to be taken vpp in two or
three places, where it may be found convenient ; & to this end tis desii-ed that
the id corporation of the colledge will appoynt some persons in theii-e behalfe
to find out the place where such land may be freely taken, & to make returne
as soone as they may, that the Court may more pcrticulerly & expressly con-
firme the same.

Seuerall Indians of Pascataq. desireing to submitt to this *gouernment, for [*375.]
seuerall reasons, are respited for a positluc answer vntlll the next session of this Indians offerr.
Court.

M" Deane Winthrop, fffcrringe a petition to be freed from trayning, is left Winthrops an-
te the discretion of his captayne, to act therein as he shall judge racetc, accord-
ing to law.

The South Company of Boston, ;pfcringe a petition for Capt Leuerett to be south Compa-
theire captayne, are denyed theire request, it being contrary to law, he beinge "^ '* ""^^ '
already capt of a troope of horse in SufTolke regiment.

John Hawthorne, ^ferring a pet for remission or mitigation of his pun- Hawthorns an
ishment for his offence, receiued this answer : that forasmuch as the crime

300 I'HK RECORDS OF THP] COLONY OF

1653. confessed by him could not easyly be legally pioued agaynst him had he not

" '^ ' confessed it, & y' the law ordaynes seqiiall punishment in that case for all of-
j ^^' , fences of that nature, although of diffrent degrees, according to which all in-
ferio'' Court^ are bound to j)ceede, yet the Generall Court, being at more
liberty, may ^portion the punishment according to the diffrence of offences of
that natui-e, & therefore doth order, that the petitiono"", in leiu of the punish-
ment in the law appoynted, shall pay double damages, which is twenty pounds,
to the party wronged, & ten pounds to the common wealth, to be forthwith
leuied, & be disfranchised. If he doth not submitt to the sentence, then the
law that pvides ag' fforgery is to take place in euery pticuler.

Fletchers dis- Joseph Fletcher, seruant to M' Hall, of Salsbury, is exempted fro any

•irgG. presse this somer, belnge the cheife stay of his family.

Paikcs graunt. There beinge formerly fower thowsand acores of land graunted to the

towne of Roxbury, of which M' William Parkes was to haue one hundi-ed
fowre score & one, which, vppon his request to this Coiu't, is hereby ordred,
with the addition of so mvich as inay make the same three hiuidred acors, to
be layd out by Capt Willard & Sergent John Sherman, neere the land lately
graunted to M'^ Joseph Hills, at a place called Nanacanacus.

Powder lent. It is ordred by this Court, that the surveyo' generall shall lend two bar-

rclls of good powder to ^M'^ Pendlton for ^sent, to be returned agayne
vppon the tender of the sume of thirteene pounds nynteene shillings & ten
pence, which wilbe satisfactory to all psons concerned herein ; & doe further

Bettt fine. order, that the fifteene pounds dew to the country from John Bett^ be payd to
the surveyo'' generall to purchase powder withall.

Gouemorsgra- This Court doth thankfully acknowledge the good service of o"" ^sent

hono'^"^ GoQno'', in regard of his \^^wearyed paynes «& constant care in regard
of the trust comitted to him the last yeare, in the place of Gouerno'', and as a
testemony thereof desire his acceptance of the sume of one liundred pounds,
which we order to be payd him out of the next country rate.
[*3T6.] *In answer to seuerall propositions of the towne of Boston, psented to

Bostons the Court^ consideration, viz*, measuring of boards & cord wood, 1. This Court

thinkes meete to leaue it to the select men of Boston & Charlstowne to
order therein, «& to appoynt meet psons to cary on the same.

2. In reference to the buildinge of a powder howse in Boston, it is left
to the deputyes of Boston & Gharlstowne to act herein for the furtherance of
the same, & to psent such orders for. the secui-eiuge thereof as they judge to
be necessary to the next session of Court to be confirmed.

3. That the choyce of audito' & surueyo'' geiiall aiiually be left to the
cousideracS of the next session of Court.

answer.

THE MASSACHUSETTS BAY IiN NEW ENGLAND. 301

The rest of the ppositlon arc, or wilbe, answered this Court by seuerall 1653.
orders. '^ ^

It is ordred by this Court that the secritary shalbe satisfied for what he

Secritary satis-

hath done in writeing for the coiuissiono''^ out of the next country rate, at 8* fied.
p page, as the law puides in another case, & that the seuerall ^portions of
the other colonyes be by the auditor taken notice off, & brought to account.

There beinge two petitions ^ferd to this Court, the one from seuerall of Paatookett
the inhabitant^ of Concord & Wooburne, the other from M"" Eliott in the be-
halfe of the Indians, for land bordering vppon the Riuer Merimacke, neere to
Paatookett, to make plantations, receiued this answer : First, that the inhabitant^
who are petitiono''^ of Concord & Wooburne shall haue graunted the tract of
land mention'^ in there petition, exceptinge some pt of it joyninge to Meri-
mack^ Riue.-, pvided that the sd petitiono''^ shall sufficiently breake Ireake vpp
full so much land for the Indians, in such place as they shall appoynt within
such plantation as shall there be appoynted them, as they haue of plantinge
ground about a hill called Eobbins Hill, & that the Indians shall haue vse of
theii- planting ground afForesd, free of all daiiiage, vntill the petltiono'^ shall
haue broken vpp the land for the Indians, as afforesd.

2'5'. For the Indian plantation petitioned for by M"" Elliott, this Court Indians
thinkes meete to graunt it y", with the exceptions & pvisions before men-
tioned J & for the stateinge of both, Capt Willard & Capt Edw : Johnson ai-e
hereby appoynted to lay out the id plantations or townshipps, the English at
the charg of the petition'^, the Indians at the chai-ge of the country, within
one moneth after the end of this session, that neither of the plan? be re-
tarded.

3'-^'. That if the petition" of Concord «& Wooburne shall not, within
two yeares, settle a competent number of familyes there by building & plant-
ing vppon the sd tract of land, namly, 20 families or vpwards, so as they
may be in a capacyty of enjoying all the ordinances of God there, then the
grant to be voyd.

*Whereas the towne & plantation of Dedham, being somewhat remote, [*377.]
may be in more danger then some others are, this Court doth therefore order, A drake to
that the surveyo'' generall shall deliuer vnto the select men of Dedham one
of those draks at Roxbury, pvided they satisfy them what charge they haue
expended in mounting the id gun, & also keepe it in good repayre, fitt for
seruice, & that the surveyo' geil is hereby impowred to fetch a greater gun
from Dorchester to Eoxbury, if it be desired, paying y™ for the mounting of
the same.

Thomas Wiggan, gen', ]pferring a petition for the confirmation of a Sqvamscott.

302 THE KECORDS OP THE COLONY OP

pattent & the graunt of a ■vmtt of diulsion for a tract of land at Squanscott, is
referd for an answer vntill the yeare 1654, in October, & that in y= meane
time there be a forbearance of falling of any wood or tymber vppon the land
herein exprest.

Highwayes. It is ordered, that Cap? Richard Walker, Leiu? Thomas Marshall, Nich-

olas Holt, & Richard Baker, or any three of them, shall lay out the common
high way betwixt Andeuor & Redinge, as may be most convenient for the Tse
of the country, & make theire returne hereof to the next session of this
Court.

Lowle3 answer. Yppon a motion made to this Court by Richard Lowle, of Newbery,

brother to John Lowle, deceased, this Court doth order, & hereby giue full
power to the County Court^, either of Salem or Ipswich, to appoynt some
meete pson to receiue the portions of James & Joseph Lowle, sonnes of John
Lowle, deceased, the id Richard beinge very sickly, «& thereby vncapable to
looke any further after the same, that so it may be improued for the best
advantage.

Nashaway. The Courtes answer to a petition ^sented from the inhabitants of Nashaway,
aiio 52, concerning the settleing of the plant in seuerall pticulers.

1. First, it is determined that the orderinge & disposinge of the planta-
tion of Nashaway is wholely in this Court^ power, as aj)peares by an order of
the Generall Court in aiio 1647.

S'y. Consideringe that there is already at Nashaway about 9 familyes,
& that seueral, both freemen & others, intend to goe & settle there, some
whereof are named in theire petition, this Court doth hereby giue & graunt
them libertyes of a townshipp, &, at the request of the inhabitant^, doe order
it to be called Prescott.

3'y. That theire lymitt^ shalbe set out accordinge to a deedc of the In-
dian sagamore, viz*, Nashaway Riuer, at the passing ouer to the center, &
fine miles north, fine miles south, fiue miles east, & three miles west, & y*
this Court appoynt some commissiono''^ to se these lynes extended & theire
bounds lymittcd.

4'y. That Edward Brecke, Nathaniel Hadlocke, W'" Carley, Thomas
[*378.] Sawyer, John Prescott, & Ralph Haughton, *er any fewer of them, whereof
the majo"^ part to be freemen, to be for ^sent the prudentiall men of the
id towne, both to sc all allottment^ layd out to the planters in due pportion
to theire £states, & also to order the prudential affayres vntill it shall appeare
to this Court that the place be so farre settled with able men as the Court
may tliinke it capable of, giueing them full libtie of a townshipp accordinge
to la^^'.

THE MASSACHUSETTS KAY IN NEW ENGLAND. 303

5'y. That all such psons wlio haue possessed & contynued inhabitant^ at
Nashaway shall haue their lott(^ formerly layd out confirmed to them, pvided
they take the oath of fidelity.

6'y. That Sudbury should make cart wayes within theire bounds to pass
to & from the id plantatio.

7'y. That the sd inhabitant^ be rated for publicke charge within the
county of Midlesex, & to that end the towne may choose a cunstable.

8'''. That they take care that a godly ministery may be mayntayned
amongst them, & y' no euill psons, enemies to this coinon wealth in judg-
ment or practise, be admitted as inhabitant^ amongst them, & none to haue
lott^ confirmed but such as take the oath of fidelity.

9'5'. It is hereby declared, that although tlie first vndcrtakers & copart-
ners in the plantation of Nashaway are wholely evacuated of theire clayme
in lott^ there by order of this Court, yet that such psons of them who
haue expended either charge or labour for thp benefitt of the place, & haue
helped on the worke there from time to time, either in contributinge to y°
ministery, or in the purchase from the Indians, or any other publicke worke,
that such psons are to be considered by the towne, either in pportion of land
or some other way of satisfaction, as may be just & meete, pvided such
psons doe make such theire expences clearly appeare in six moneths.

This Court, takeing the condition of Nashaway into further consideration, Nashaway, af-
doe order, that it shalbe called henceforth West Towne, & doe further con- ^own.
firme there graunt of 8 miles square, which was formerly graunted them,
which will encoui'age many to plant there.

In ansv/er to an other petition from the inhabitant(^ of Nashaway for
settling of theire graunt, this Court doth order the plantation at Nashaway to
center, as in the Court order of May, 52, (which is the foregoing order,) &
to be layd out in pportion to eyght miles sqare, & that the seuerall pticulers,
being in number nyne, be confirmed to them, saue in the close of the 2'^ article,
about the name of the towne, that the name of it be henceforth called Lan-
caster, & in the sixth article, that Sudbuiy & Lancaster lay out high wayes,
according to y« Court order, for the countiyes vse, & them repayre as need
shalbe, *& that in stead of six moneths, expressed in the close of the 9"» [*379.]
article, such psons to haue twelue moneths, from the end of this session, for
such demaundes; and that the intrest of Harmon Garrett & such others as
were first vndertakers, or haue ben at great charges there, shalbe made good to
him, them, or his or theii-e heires, in all theire allottment^, as to other there
inhabita'^, in pportion to charges expended by him & such otliers, aforeSd,
pvided they make improuement^ of such allottraent(^, by buildinge & plant-

304

THE RECORDS OF THE COLONY OF

Executiono'
exempted.

Johnsons pur-
chase.

[*380.]

Stilemans
answer.
Johnson con-

Strabery-banks
answ.

inge, within three yeares after they are or shalbe layd out to them, otherwise
theire intrest^ hereby pvided for to be voyd, & all such lands so hereby
rescrued to be at the townes dispose.

W"" Tompson, being vnder a fine of fiuc pounds for the breach of an
established law of this coiiion Avcalth, on his petition, hath the one halfe of
his id fine remitted.

Thomas Bell, the executioner, is to be allowed out of the next leuy the
some of fovrteene shillinges, expended by him for ropes & ladders for the
better executing of his office ; & the id Bell is hereby exempted from trayn-
inges, watching^, & wardinges.

Capt Joh Leuerett, M' James Oliver, & Ensigne Scotto hath hereby
libtie graunted to send forth to ^louseir La Tour the foresd Ensigne Scotto
with a vessell of seuenteene tuns, to carry flower, pease, & suck pvisions as
they shall haue occasion to send forth in this voyge.

John Johnson, of Roxbury, having purchased one acor & one roode, be
it more or les, in Roxbury, afforeid, of Thomas Hawly & Dorothy, his wife,
vppon his request to this Coui-t, hath his "deed of sale confirmed.

Thomas Edsall, being vnder a fine of putting in a vote for a magistrate,
not being a freemen, hath his fine abated to twenty shilling(\

There beinge a graunt formerly made of 200 acors of land to Capl
Jeanison, & sould by him to M' Edmund Rice, of Sudbury, & to be layd out
by M' Edward Allen & M'' John Ohuer neere the bounds of Dedham, the id
commissiono'^ beinge dead, & the worke not yet finished, it is ordred, on the
request of the id -M' Rice, that Capt Willard & Serg' John Sherman be
appoynted to lay out the id land accordinge to order, makeing theire returns
to the next session of this Court.

JP Samuell Cole, of Boston, hauing longe since disbursed fifty pounds in
the common stocke, as appeared by good testemony to the Court, on his
request, hath 400 acors of land grarmted him at Ivfonatocke, to be layd out by
Captayne Willard.

*Elias Stilemau, of Salem, pferring a petition for a lycence to draw wine,
is referred to the County Court at Salem, to answer his pe?.

At the request of the inhabitants^ of Marblehead, M'^ Erauncis Johnson
is hereby allowed to be theire leiutenant.

The inhabitant(_ of Strabeiy Banke pferiug a petition for equall priui-
ledges with other townes, in respect of choyce of magistrates, &6, are denyed ;
but as a further answer to y", in respect of theire military oflicers, the Court
of Douer or Strabcrybanke may confirme such as they shall ^sent, who haue
hereby also power to nominate & confirme commissiono''^ for the endinge of
small causes vnder 40', as in other townes.

THE MASSACHUSETTS BAY I\ NEW ENGLAND. 305

It is hereby ordiecl & detlaird, tliat the execution of all judgmcnt(^ 1(5 53.
issued bv the Generall Courtf & Courtf of Assistant? shoukl bcloiige to the "^ ' '

IS May.

generall marshall, Edward ^litchelson. Generall mar-

The Court, haueinge heard & considered all the euidences of the case shall.
betweene Menen Conielison & M'' Rofet Knight, & the rest of the administra-

case.

tors to the state of Capt Ilowscn, doe approue & confirme the judgment of
the former Generall Court in y' respect, & declare the pceedinges of the
marshall & the apprisers of certayne lands on the Fort Hill to be null, &
orders that the secritary shall issue out an execution for y^ seuenty eyght
pounds six shillinges, determined by the award of M'' Davison, ^NI'' Garrett, &
M"" Walker, the dew of the sd Cornelison on the estate of the 5d Rofet
Knight, or any of the adininistrato'X..

Whereas, by order from the Generall Court, these fewer townes, Ipswich, Highwayes

layd out.

Newbery, Eowley, & Andeuour, should appoynt men to lay out the coinon

high wayes for the country from towne to towne, we, whose names are here-

vnto subscribed, beinge therevnto appoynted, haue accordingly done it, be-

gininge at the south end of Andevour, contynuing it in the cart way neere

halfe a mile vnto a hill at the foot of the hill called Bare Hill, as it is marked Bear Hill.

•with trees, then cominge into the beaten -way which leadeth ouer a playne be-

longinge to Rowley, so leading on the southwest of a pond called Fiuemile

Pond, & then coutynuinge the cartway vnto a pond called ]\I' Bakers Pond, Baker's Pond,

leaning the pond on the south, & so passinge ouer a little strip of meddow, &

so on the cart way to ^P Winthrops playne, & so still the cart^^"ay on the

south side of Capt Turners hill, & from thence the beaten way to Ipswich.

Now, halfe a mile short of the Fine Mile Pond *from Andevour begins the [*381.]

way to Rowley & Newbery, goeinge in the beaten way of the south side of

the Bald Hills, & contynuinge the beaten way vntill it come to tlio uppermost

Falls Riuer, then by marked trees leadinge into the cart path leadinge from

Hauerill to Rowley, & so on to a new feild of Ro-wleyes, & from thence, as it

is marked by trees, to Rowley. Now, the way from Andevour to Newbery Routofruada

goes on the old cart way, leaning Rowley M'ay at tlie bcgiiiing of a playne by " * '•" "''5'"

a little swampe called Berbery S«ampe, & so on tlie old ^^ ay to the Fails

Riuer, & from thence straight vppon the north side of M"' Shewllls high feild,

as still doth appeare by marked trees, from thence keepinge the old cart way

on the head of Cart Crcekc, & so runing on the nortli side of Richard Thorlyes

feild, as it is now fenced, & so to John Hulls bridge, & so ouer the end of

John Hulls playne vnto M"' Woodmaus bridge, neere the mill at Newbery.

Wittne, o^ hands. RICHARD BARKER, JAMES HOAV,

THOMAS HALE, JOHN PICKARD.

V01-. 111. o9

306 THE RECORDS OF THE COLONY OP,

1 G 5 3. In answer to the reqnest of M" John Coggan & "William Parkes, ouer-

^ '' seers of the will of John Woodey, the Court doth graiint liberty to M'^ John

Coggan, "William Parkes, & Richard Woodv, Senio'', or anv two of them, to

Coggans, &u., ^"^ , " _ "

answer. make Sale of all the whole estate, viz', of howsinge & pt of the mill, together

J. Woody's es- ^y[f]^ ^\i rroodcs belonginge to the estate of John "Woody, or any debtf belong-

tate to be sold. ° . . .

inge to the estate, for the benefitt of the mother & child, pvided that securitie
be giuen by M'" Coggan, or any other that will take the estate for the childes
jjportion at twenty fewer ycares of age, & that due education & niayntcnance
be giuen out of the pceede of the estate so sould from time to time, till he
come to age as afForesd, & that the securitie be giuen in at the next County
Court, iJt then ratified to the pty that receiues the childes portion.
Duuisca Vjipon a petition p>ferred by M' Nicholas Davison, in the behalfe of M'

,,. . ' ., Craddocke, in reference to Misticke bridge, it is ordred by this Court, &

Mistick bndge, ' ° ' J '

toll to pay. hereby declared, that if any pson or persons shall appeare that ^ill engage
suffyciently to build, repayre, & mayntayne the bridge at Misticke, at his or
theire pp cost^ & charges, it shalbe lawfull, & all & euery such pson or psons
so engageinge are hereby authorized & haue full power to aske, require, &
recouer of euery single pson passinge ouer the Sd bridge, one peny, & for
cueiy horse & man six pence, for euery beast two pence, & for eueiy cai-t
one shillinge, & this to contynuc so longe as the bridge shalbe suffyciently
mayntayned as afforesd.
[*382.] *There beinge a difference betweene the inhabitant^ of Dcdham &

Dedhams case, scuerall of the Indians about land which the Indians doe challenge within
the bounds of there towne, vppon there request to this Court, M"' John
Glouer, Cap? Guggan, the surveyo' generall, M"" Edward Jackson, & Leiu?
Roger Clapp, are appoynted a coinittee & impowered to consider & determine
what they shall judge necessary in relation to theire request, & make theire
returne to the next session of this Court.

M' Bradstreetf In answer to the petition of M' Symo Bradstreet & M' Thomas Wig-

gan, the Court doth order that Elder Nutter & Francis Cary shall lay out
for them one thousand acors of land vppon the great Riuer of Newilchawanett,
in such place as they shall make choyce off, not intrenching on on any towne
boundes, pticuler mens pprieties, or to hinder a plantat.

Ebedmeiccks Ebedmclecke, the serv' of Jobe Lane, for runing from his id master, &

stealing victualls on the Lords day, is adjudged to be whipt so it exceed not
fiue stripes, the rigor of the law for his offence being remitted.

In answer to the request^ of the inhabitanti^ of Springfeild, it is ordred,
tliat M'' John Pinchon & M'' Elitzur Ilolioke shall, & hereby arc, impowered

censure.

THE MASSACnrSETTS HAY 1\ NEW EN(;LAND. 3O7

to glue the freemaus oath to sucli as are capable to take it there, & that they
shall haue a great gun lent them dureing the Court^ pleasure, if any such
gunn can be found vndisposed oft"; & as touching theirc military officers, this
Court thiukes ineete, for |)>sent, only to confirme M' John Pinchon for theire
leiu', & M'' Holliokc for theirc ensigne, referring the confirmation of }>['
Smyth for theii-e capt vntill he shall returnc from England.

'SL' Thomas Gayner, pferinge a petition for releife in respect of wronge Gayneis
he fytendes he receiued from M' W™ Aspinwall & il^ Edw: Bendall, about the '
ship Planter, rec this answer : that the Court finding vppon record that M'"
Gayners atturney, in May, (52,) prophercd that if M"' Aspinwall would take
liis oath that the busines of the ship Planter was included in the aquittance
pduced, that it should issue, & determine the case ; the which M' Aspinwall
did ; & thorefore conceiue M' Gayner is thereby barred, & hath no ground of
further complaynt to this Court in respect of y' case, but sliould therein ac-
quiesce.

This Court, vppon the request of the towno of Lynnc, by reason of the Lynns aSuitie.
countryes former engagment to the 5d townc of Lyn, & to the vndertakers
of the iron workes, thinkes meet to alloM- them ten poundes p anum so long
as the iron workes shalbe contynuod, or dureing the time of thoire ivnunities
from publicke charges, graunted by this Court.

M' Joseph Rocke, of Boston, deslreinge the resolutio *of the Court [*383.]
whether a man be lyable to more then one fine for refusinge to serue in ^"f""^^ ^^^°'
the office of a cunstable the same yearc, it was rcsolued in the negat, & may
not be put vppon the same office agayne the same ycarc.

The towne of Rowley hauinge fine hundred acors of land, formerly Kowieyes
graunted, neere the bounds of Andevo'', this Court, vppon theire request, doth '
appoynt y' Ensigne Howlett & Corporall Gage should lay out y'^ same.

The question beinge put, whether one chosen for puing of weight (^ & Weightt&
measures, being a select man when chosen, & being left out the yeare fol-
lowingc, may not yet remayne in y"" place afForcsd, it was resolucd in the
affif.

Stephen Kent, beinge fined fine pounds for selling to much strong liquors Kentf ans.
to the Indians, desireing the abatement of his sd fine, is denyed.

John Guppy, being vuder a fine for putting in six cornc for the clioyce of Guppyes ffine
one majestrate, hath his fine abated to twenty shillinges.

In answer to the petition of the inhabitants^ of the He of Shoales, libei ty lie of shnaics
is granted them for determining of ciuill actions which shall concerne them,
where either one or both parties are inhabitant^, & tak?n there, to the value
of ten pounds; & that AP Brian Pendlton, M'' Nicholas Shaplcy, llcr.-ules

Douers i
att.

Springfeilda
answer.

[*384.]

M' Jos. Hills
gratuitie.

THE KECORDS OF THE COLONY OF

Hunkins, Richard Seeley, & Phillipp Babb be commissiono'^ for such cases, &
y' they, or any throe of them, ^P Pendleton or JI"' Shapley beinge one, may
heare Sc determine all such cases legally brought before them, according to law,
till this Court take further order therein ; & for settlinge the military officers
& company, the Court hath already pvided in that case in the. order for the
settlinge of the militia, made aiio 1652, which giues the cheife officer of euery
company power to act herein ; & for dark of the writt^ now being ^sented,
it is left to the discretion of the commissiono"^ affiaresd, or the majo' pt of
them, to appoynt a nieetc man for that service, till the Court take further
order therein.

The freemen of Doner hauing chosen Capt Walden & ^l' ^'alentine Hill
for associates, theire sd choyce is confirmed by this Court.

In answer to the inhabitants^ of Springfields pet, & others thereabout^,
this Court doth order, that M"' John Pinchon, M' Holyoke, & some other of the
petltion"^^ should be appoynted a committee to devide the land petitioned for
into two plantations, & that the petitiono" make choice of one of them, where
*they shall haue liberty to plant themsclues ; pvided, they shall not appropri-
ate to any planter aboue one hundred acors of all sortes of land, whereof not
aboue twenty acors to be meddow, till twenty inhabitants^ haue planted there,
whereof twelue to be freemen, or more, which id freemen shall haue power
to distribute the land & giue out pportions of land to the seuerall inhabitant^.,
as in other townes of this jurisdictions, & that the land be deuided accordinge
to estates or eminent qualifications, & that Samuell Chapiu be joyned w"' !M'
Pinchon & }i[' Holyoke for the dividinge of the townes.

]\I'' Joseph Hills ^sentiuge a writeinge to this Court, wherein is con-
tayned the seuerall pticuler^. wherein the country hath imployed him about
the lawcs, on pvseall whereof the Court doth order, that jNI"' Hills should
haue ten pounds allowed him out of the next country rate, in reference to what
service he hath done.

Cieorge Addams, for selling two guns & strong water to the Indians, &
haueing nnthingc to satisfy the law, is ordred to l)e wliipt &: disrhargcd out of
jirison.

It is ordred, that INP Bclinghani, Capt Wiggan, M"" (iodfry, M' Nicho-
las Shapley, & M"' Rishworth shall keepe the County CourtS.at Yorke & Ret-
tery for this yeare, at the times appoynted, & that they send out warrent^. to
the inhabitants^ o{ Yorke & Kettery forthw"> to pceede to a fayre election &
iiominatio of three associates from aniongc themselues to asist such magistrates
& commissiono™ as this Court shall appoynt to keepe theire County CourtS.for
the next veare.

THE MASSACIIU.SKTT.-! HAY IX NKW ENGLAXU. 309

In answer to the pel of Hugh Gunison, cniuinge the remittiiient of 1(5 53.
halfe a yeares rent dew to the country for his drawinge of wine, the Court ^ ^ '
graunt^^ his request, pvided that he allow as his act the bcinge & acting of cunisons an-
Euan Thomas as his comjoleate agent & debtor for all rcnt^^ dew to the conn- *"''"■•
try from the time he left the place & imployinent here.

In the case betweene Colonell Birch & M'' Mauericke, it is rcsolued on. Birches case.

& by this Court declared, that Noddles Hand & appm-tenances, in the same Noddles Is-

... . '"""i-

condition as is expressed in the deede of sale to Cap? Brigg, doth belonge to

Colonel John Birch, & possession is to be deliuered vnto him, his heires, or

assignes, vppon the payment or legall tender of scueu hundred pound starl-

inge at the storehowse next the waters side, at the bridge in Barbados, in

good marchantable suger, at prise current, as for Ijills of exch.ange payable

in London iiiiediatly after the expiration of thirty dayes sight of the judgment

of this Court in this case, & that no charg be allowed to Colonel Birch.

•The hearing of the case betweene M™ Mason «&: M'^ Leader, in the re- [*385.]
quest^ of theire agent^, is respited vntill the next session of this Court. Masons case.

The coinission" for the eastward bill of chardges, psentcd in seuerall Comissiono"
pticulars to this Court, was 13" 10» 10". expences.

It is ordrcd by this Court, that the record touching M' Nic" Shapleyes Shapleighs
case ^ cntrcd. lu the case betweene ]M'' Nicholas Shapleigli «& M"' Kott '^'^^'^"
Knight, on the licaringe & examination of all the euidences, the Court
judgeth it meete to reverse the judgment of the Court of Assistant^, the o""
of the 7"" mo"', 48, so f;u- as it any way resiject^M"" Shaplcy.

In answer to the petition of Strabery Banke, it is ord, that there towne Portsmouth,
shalbe called rortsmouth, & that the lyne of thelrc townshipp should reach
from the sea by Hampton lyne to Wiiiacout TJluer, leauing the pprietors to
theire just right^ & intrest(^.

The Gencrall Court doe not find John Bctt^ legally guilty of the mur- John Betts his
thering of his late serv' Rofet Knight, but, forasmuch as the euidences holds ™ithmurf^erof
forth great pbability of his guilt of so bloudy a fact, this Court doth adjudge '"^ servant.
him as followcs : —

First, that lie stand vppon the gallowos one howor, witli a rope aboute
his necke, with one end throwne ouer the gallowcs ; ;2'% that he be seucrely
whipt ; 3'J', that he pay all the wittnesses 2" p diem a poece for theire attend-
ance both at the Court of Assistants & at this Court ; 4'>', that he pay l-j"
to the country towards the charge of the Conrt^, & tliat ho hr bound to tli<-
good behavio' for one whole yeare.

In the case betweene the A\iddow Wilson, of Brantry, & Thomas Faxon, "Wid. Wilsons
about Joseph AVilson, son of y" sd widdow Wilson, apprentise with the mI

310

TIIK RECORD.'! OF THE COLOXY OF

A Court ad-
journed.

Actt iUegall.
[*386.]

Lyndes an-
swer.

Faxon, vppon a full licaiinge of the case, the Court orders the sd Joseph
shalbe freed from his master, & be put apprentise to a new master by the
select men of the towne & consent of two magistrates, & that y" id Faxon
haue 20' allowed him in reference to all damages, & that therevppon the cow
formerly distrayned be released.

"Whereas the Court at Salsbury was adjourned to the second third day
of the fourth mo"" ^sent, by reason of the troubles about the Indians, & some
psons questioned the legality thereof, this Court doth order the foresd ad-
journment shall stand good, & the sd Court be kept accordingly.

The Dcputyes pceiueing that some late act^ of o"" bono"''* Magistrates in
tender res])ect to tlie wcli\ire *of the people, viz', the ^ppareing of victualls
& men to be in a readyncs in case of imergent dangers, is not satisfactory
vnto many inhabitant^ in all or most of the plantations in this jurisdiction,
conceiueinge that the lawes here established haue otherwise pvided, & doe not
so fully & clearly warrent those act^, although we account & acknowledge
o''selues much bound to bless God for them & for theire vigilent care for pub-
licke good, & would by no mcanes discourage or discountenance theire good
endeavours & intentions therein, yet, in discharge of the trust by God & his,
people committed to this Court, we tliinke it o"" bounden duty to desire o'
hono'"d Magistrates to con.sider seriously the foresd act^, together with the
seuerall lawes respecting such occasions, & that such order may by this Court
be forthwith taken therein as may satisfy the niyndes of the people in what is
past, & that for time to come all occasions this way be avoyded, & a good
vnderstanding be alwa^cs contynued & increased betwixt goiino''^ & gou-
eined, which, vnder God, is the cheife strength of this common wealth, as of
all others. This was to be issued at a conference.

M"" Symon Eynde, pferring a petition for dammagcs ag' Edward Bendall,
sustayned by forbearance of money, is referred to the County Court of Suf-
folke for relelfe.

Birch his dec-
laration.

A declaration of Colonell Birch ordrcd to be recorded.
I doe declare & publish to all men whom these may concerne, that I
will justifie, that by the knowne lawes of England, I haue a right & tytle to
Noddles Hand, in New England, & so cleare a right therevnto as any man
hath to any thinge he there possesseth, the which I shall desire euery man
whom it may concerne to take speciall notice off, that they be not deceiued in
purchasing the same, or any part thereof, or paying any rent^ for any they
doe hold, or may hereafter hold, from M" Mauericke, his heires, or assignes ;
& I shall desire that this dcclarat may be cntred in the piiblioke records of New
En^hnul thi\t all men mav take care thev l)c not dceciucd, J. B.

THE xMASSACHUSETTS BAY IN NEAV ENGLAXD. 311

This Court desires that the coiiimissiono'"s for tlic Vnited C'olonycs will 165 3.
please not to depart till the messengers sent to the Monados be returned, & * ~'

then, vppon the answ: brought from the Dutch, there may be ground of pceed- c„g-jiss;o„o"
ing accordingly; & if the commissiono'"s please, the Court doth thinke it called,
wilbe convenient to send a messenger away spcedyly, to bring away the com-
missions for such as are coinissiono''s for the two jurisdictions of Conectecott
& Xew Hauen, that so, if Gd call vnto a warre, there may be no interruption
of busines.

Vppon the case stated in reference vuto the injuryes & difiVcnccs with the Court consult-
Dutch, this Generall Court doth dcsii-e a consultation with the gentleme y* "'^'
coinission'^', *takeiuge in the advice of the elders as shalbe f^sent at time [*387.]
appoynted ; & il' Samuell Symonds, ^Major Gen" Denison, Capl John Leue-
rett. Cap? Humphrey Atherton are appoynted as a committee to joyne with
such of the commissiono's for the Vnited Colonyes as they shall please to
nominate, to draw vpp the case respectinge the Dutch & Indians.

In answer wherevnto, the coinissiono''s made choyce of Capt Hawthorne, Comissiono"
M' Bradford, M' Ludlow, & M"^ Eaton to joyne with o"" coinittee to consider & *"^""^''-
^pare the case for further advice.

The question ppounded by the Geiii* Court, whether the coinissiouo''s for
the Vnited Colonyes haue power, by the articles of agreement, to determine
the justice of an offensiue or vindictiue warr, & to ingage the colonyes
therein.

The answer of the Gen" Court to the question. First, more pticularly from Comissinno"

. , , • , power dis-

the articles. cussed

The whole power of jurisdiction & gouerment is in the 3'' & sixth article
reserued to euery colony, who saw not meete to diuest themselues of theire
authoritie, to invest the comissiono''s with any pt thereof, being altogether
vnsafFe & vnnessessary to atay'ne the end of the confederacy.

The ninth & tenth articles constitutes the commissiono''s judges of the
justice of a defensiue warre.

The fourth & fifth settle rules for leagues & number of men in a defen-
siue warr & diuision of spoyles, but no where pvides for the determination of
the justice of oifensiue warr, which therfore is reserued wholely to the deter-
mination of the supreame poAvcr of the seuerall confederate jurisdictions, who
would otherwise haue pvided in that case.

The sixth article, which at first view seenics to enable the conimissiono''s,
will euidently evince the contrary, for the confederacy being betwixt the
colonyes, the ■1"', .3">, 9"', & 10"' articles pvide rules, in seuerall cases,

;i2 . THE RECORD.-! OF THE COLONY OF

10 5 3. accordinge to which the confederates liaue bound themselues to act, & the
""" ^' ' sixth article only orders & appoyntt^ who & in what manner the sd rules &
agreement^ should be executed, viz', the commission''', (empowered to act in
the cases specified, & regulated in the former articles,) who were also bounded
& regulated for thcire number of men, manner of pceedinge, times &
places of meeting in the sixth & scuenth article, & that by necessity, be-
cause the supreame powers of the seuerall jurisdictions could not assemble,
[*388.] they were enforced to *substitute delegates to order such thinges as were of
psent & vrgent necessitie, or meerly prudentiall & politicall, or of iuferio'
nature, & that accordinge to rules prescribed by the confederates ; but such
thinges as require the highest act^ of authoritie are in theire nature of niorall
consideration, & may admitt of more time of deliberation ; as an offensiue
warr, the wisdome of the contriuers of the confederacy did not judge meete
to referr to commissiono''s, & therefore haue not pvided rules in those cases of
highest concernm', as they did in all cases of inferio'' nature.

Secondly, more generully.

Tlie commissioners of the Vnited CoUonyes are not (so far as we can
discerue) invested with power to conclude an offensiue M"ai'r, & to engage the
nolonyes to which they belonge to put the same in execution, farther then
they are enabled by commission, or instruction, vnder the seale of theire
colony; much less can it stand with the jurisdiction & right of gouerment
reserued to euery colony for six commissiono''s of the other colonyes to put
forth any act of power in a vindictiue warr, whereby they shall coinand the
colonyes dissentinge to assist them in the same ; neither can it be the meaninge
of the seuerall colonyes, who are so tender of theire power in gouerning of
theire owne, that they should put this poAvcr out of theire owne handes, in
the most waighty poynt^ — a bondage hardly to be borne by the most subjected
people. & cannot be couceiued so ffree a people as the Vnited Colonyes
should submitt vnto : it can be no less then a contradictio to affirrae the
supreame power, which we take to be the Gencrall C'ourt^ of each jurisdiction,
can be coiiiaunded by others ; an absurdity in policy that an intire gouerment
& jurisdiction should prostitute it selfe to the command ; a scandall to religion
that a Gencrall Court of Christians should be obliged to act & ingage vppon
the fayth of six delegates agaynst theire conscience, all which must be admit-
ted in case, if we acknowledge o'' sclucs bound to vndertake an offensiue warr
vppon the bare determination of the commissiono''s, who cannot, nor euer did,
challenge authoritie oucr vs, or expect subjection from vs.

And to add this further, tlic case in hand may be considered vnder a

THE MASSACHUSETTS liAY IN NEW ENGLAND. • ^H

double head ; fii>t, ■what supieume gouenio's of a common wealth, in xioyut
of confcdcratio with an other nation, may doe ; secondly, what this goueiment,
in reference to the question in hand, hath done.

Conccrninge the first of these, it is to be considered what they may not,
ncxtly what they may, doe.

Touching the last : first, they are to act in all cases not reserued expresly
or implicitly ; concerninge the other, they may not act ag' fundamentall lawes,
or what else the people haiie reserued to themselues.

The next thinge is to consider (in some instance) what fundamentall
lawes are. A fundamentall law of a people, or common wealth, is, to
haue liberty, & to *exercise iiiiediate choyce of theire owne goiierno's, bee the [*389.]
supreame gouerno''s are betrusted with their lines & estates, in whom, vnder
God, they doe acqniesce. But if they may delegate others, in stead of them-
selues, y' are iiiicdiatly chosen, then they may elect or accept of straungers ;
that is to say, such as are of an other common wealth ; and such delegates
may also, vppon the same ground, impower others, & that without restriction
of nation or nnmber, which princypall, then, must needes be destructiue to
such a common wealth ; for then they may act to make an offensiue warr,
which is an act of power in the highest nature.

Concerning the second question, what this goucrment, in reference to this
confccderation, hath done.

It is a rule in law, that in any legall act, what exjjressions or sentences
are in it of doubtfall constructio, the same are to be vnderstood for the firm-
iuge thereof, as far as may be, viz', not being contradictory, not being imperfect
or vnlnteligable, or not aboue or beyond the power of the actors : this being
graunted, then the articles touching offensiue warr may be referred either to
the begining of the warr, or to the directinge of it, or the managing of it by
the commissiono". If any of the articles should be taken in the first senco,
namely, to giue power to the commissiono""' to make an offensiue w'arr, then
it is agayust a fundamentall law, as before appeares ; and besides the ground
before mentioned, this may be added : in case the commisslono" should conclude
a warr offensiue agaynst the judgm' of the gouerno", who are to act in their
owne jurisdiction, then they must act to effect it, either agaynst their owne con-
sciences, or else leaue the worko in a distractiue condition ; but if it be to be
taken in the later scnce, namely, to direct the warr, being began, it is safe &
prudentiall, because the foure gouerment^^ in this confccderation cannot carry on
a warr that doth joyntly concerne them to act in ; though to conclude or accept
of such a pposition or determinatio by the commissiono''^ for such a \\arr, may
& doth pply beiongc to all the goucrment^ before they be ingagcd.

VOL. III. 40

314 THE llECOKDS OF THE COLONY OF

Questions ppounded by the commissiono", viz' : —

1. "Whether the last meetinge of the commissiono", at Boston, were not
legally called, & may be legally contynued.

2. Whether the commissiono''* of Conecticott, Avhose time is now exj)ired,
may not joyne with the other commissiono", & act w"' them.

3. AVhether the adjournment of the meeting to New Haucn, fro Boston,
doth bind the new coiiiissiono''' to attend it.

[*390.] *The Courts answer.

Coiu'.t answer. r^^ j|^g ^j^.^j. 'j^j.^^ j.^^j. jj^ggtinge was legally called, but is & was dissolued

vppon the expiration of all the commissions of the commissiono" of ISIassatu-
sett^ & Conectecott.

To the second & third we answer negatiuely.

The question being ppounded, whether the commissiono" of the Vnited
Colonyes should be called by this Gen" Court, to assemble together to con-
sult of & determine the weighty affayres of the seuerall colonyes, here in
Boston, forth with, or as soone as may be.

The Court^ resolution of the question in the affirinat.

Some q,feries nesessary to be resolued by this Court, as the state of the
affayres of the colonyes doe now ^sent.

1. In case an extraordinary meeting of the commissiono''<^ be summoned
to Conectecott or Newhauen, vppon a generall notice of danger, or information
of a further discoflry of the plot suspected betwixt the Dutch & Indians,
whether o'' comniissiono's should goe or no.

2. If the times & wayes be dangerous, how they shall goe, & who shall
make pvisions.

3. If the Indians make any assault vppon the English not in confederacy
with vs, what is to be done ?

4. If the commissiono" shall judge it nesessary to make a defensiuc warr,
whether this Court leaues it to the commlssiono", without consulting the
Courts..

5. If there should be need of raysinge souldiers, so judged by the com-
missiono", how shall it be done ?

6. In case there should be further & cleare proffe of the forementioned
plott betwixt the Dutch & Indians, so judged by the commissiono", whether
this Court judges it just and necessary ground of warr, & would haue it pse-
cuted accordingly.

The answer of the Court to these qujcrics ppounded conccrninge the cotn-
missiono"'", with their instruttious : —

THE MASSACHUSETTS BAY IN NEW ENGLAND. 315

1. To the first we answer affirmatiuely, according to the articles of con-
federation.

2. To the second, if the times & wayes speake reall danger to the vnder-
standing of the commissiono''^, it shall & may be lawfuU for them to desu-e a
meetinge of the counsell, who haue power to pvide for theire saftie in their
journey.

3. To the o"', if the Dutch or Indians, in theire owne defence, shall as-
sault any English that are not o' confooderates, we conceiue we need not
trouble o''selues ; but in case the Dutch or Indians shall invade any of o'' coun-
trymen which ai-e not o' confoederates, we conceiue o"' pceeding^ therein should
be as in the case of an ofFensiue warr.

4. To the 4*'', the articles speake fully & pticularly to the question. 5. To
the 5*, the articles of confederacy & o' owne lawes pvide sufficyently in that case.

6. To the 6"', we conceiue, as we haue already *declared to the commission- r*391.]
o's, we are not obliged to the judgment of the commissiono'"s in that case,
& doe fuither refer you to o'' instructions followinge, viz' : —

If there be just & pressing reasons fsented to yo"" consideration, which
shall pivayle with yo"" owne vnderstanding^ for the necessitie of an offensiue or
vindictiue warr, you shall certifie to the Gouerno' yo' owne opinnions, & the
reasons & evidences that ai-e ^sented to you in the case, that the Generall Court,
which in that case is to be called, may receiue satisfaction therein, & act ac-
cordingly. In case of any invasion made vppon any of o' confederates, or apar-
ent danger thereof, the articles of confederation, more pticularly the S"' & lO"",
may & ought to be yo' instructio, to which we are confident you will attend.

AYhereas it is conceiued by some that the end of this Cort^ sending their a ptestatio of
judgment^ concerning the articles of confederal vnto the hono''* commission- '"''°''^"'=5'-
o's was, or is, the breaking of y^ league of confocderation w"" the rest of the
colonyes, this Com-t doth therefore signifie vnto all whom it may concerne,
& that there may be a right vnderstandlnge betwixt this Court & the hono'''
commissiono''s that it was not in the least intended, neither is it desired ; but
as God hath bin pleased hitherto to keepe vs together in iieace & loue, so
we desiie he will doe still to his glory, & all o'' comfort^.

"We conceiue the proffes & j^suniptions aleaged to be of much weight to The elders ad-
induce vs to beleeue the reallitie of the plott of the Dutch & Indians agaynst ^^"''
vs, & haue great cause to acknowledge the speciall favour of God in the dis-
couery thereof, & .the faythfuU cai-e of his servant^ in authoritie ouer vs as the
meanes, vnder God, of o' contynued saftie & peace ; yet vppon serious & con-
scientious examinnation of the proffes pduced, we cannot find them so fully
conclusiue as to cleare vp psent pceedlng(^ for warr before the world, & to

316 THE RECORDS OE THE COLONY OF

beare vp o"" hai't^ Mith that fullnes of pswasion that is meete in commendinge
the case to God in o"" prayers, & to his people in o"" exhortation, the begining^
of strife beinge as the letting in of waters j & conceiuinge good cause to hope
tliat the discouery of the plott, through the blessinge of God, is & wilbe a
great disappoyntment of it, therefore we humbly conceiue it to be most agre-
able to the gosple of peace which we j)fess, & saftie of those colonyes, to for-
beare the vse of the sword till the Lord, by his pvidence, & by the wisdome
of his servantfl^ set oQ vs, shall further cleare vp his mynd, either for o' settled
peace, or more manifest ground of warr, that we may not pceed doubtfully,
& so vnsafely, in so weighty a case.

Guppy remit- Joh Guppy, being vnder a great fine for puting in moi'e cornes then one

for the choyce of a magistral, vppon his request to this Court, hath his fine
abated to twenty shilling^.

About the
Sabaoth.

[*392.] *Mt a Gencmll Court of Election, held att Boston, the 30'" of the

80 August. g,, j^j^a^ ^Q^^

VPPON information of sundry abuses & misdemcano''^ committed by seu-
erall psons on the Lords day, not only by children playinge in the
streetes & other places, but by youthes, maydes, & other psons, both straungers
& others, vnciuilly walkinge the streetes and feilds, trauilling from towne to
towne, goeing on sliipboard, frequentinge common howses & other places to
drinke, sport, & otherwise to mispend that p>cious time, which thinges tend
much to the dishono'' of God, the reproach of religion, & the pphanation of
his holy Saboath, the sanctification whereof is somtime put for all dutyes iinedi-
atly respectinge the service of God conteined in the first table, it is therefore or-
dred by this Court and the authoritie, that no children, youths, mayds, or other
psons, shall transgress in the like kind, on penalty of beinge reputed great pvok-
crs of the high displeasure off Almighty God, & further incurringe the poenal-
tyes hei-eafter expressed, namely, that the parent^ and gouerno'"* of all cliildren
aboue seuen yeares old, (not that we approue of younger children in euill,) for
the first offence in that kind, vjipon due profe before any magistrate, towne
commissiono"", or select man of the towne where such offence shalbe commit-
ted, shalbe admonished ; for a second offence, vppon due profe as aforesd, shall
pay as a fine fine shiUings ; & for a third offence, vppon due profe as aforesd,
102-; and if they shall agayne offend in this kind, they shalbe fsented to the
County Court^, who shall augment punishment according to the meritt of the

THE JIASSACIIUrfETTS BAY IN NEW ENGLAND. 317

fact : & for all youths & mayJes abouc loovtecu yeares of age, & all elder 1 G 5 'j.
psous whatsoeuer that shall offend & be convict as afforesd, either for playing, "" ^ '

* 30 AuRust.

xmciuilly walking, drinkinge, travillinge from towne to towne, goeing on ship-
board, sportinge, or any Avay mispending that pcious time, shall for the first
offence be admonished, vppon due profe as afforesd ; for a second offence, shall
pay as a fine fine shiUinges ; & for a third offence, ten shilling^; & if any shall
farther oflend that way, they slialbe j^scuted to the next County Court, who
shall augment punishment accordinge to the nature of the offence ; & if any
be vnable or vnwillinge to pay the aforesd fines, they shalbe whipped by the
cunstable not exceeding fine stripes for 10' fine ; & this to Le vnderstood of
such offences as shalbe committed dureing the day light of the Lords day.

Vppon coraplaynt of sundry abuses & inconveniences by occasion of Beere at 2' y
the libtie foi sellinge beere at three pence the quart, it is ordred by this Court '^""'^ '
that henceforth no beere shalbe sould for more then two pence the quart ; &,
that braunch of the law that allowes beere to be sould at three pence the
quart is hereby repealed ; ^vided, this law take not place till one mo"* after
this ^sent session.

^Vliereas the last session of this Court passed an order concerninge pub- Preaching of
licke preachinge without alloAvance, which order we vnderstand is dissatisfac-
tory to *to diuerse of o' brethren whom we haue cause to respect & tender, [*39.3.]
although we conceiue the sd order, rightly vnderstood, to be safe & much
conduceinge to the ]?seruation of peace & truth amongst vs, yet, that all jeal- Oi-ier on
ousies may be remoued, the Court doth repeale the id order, and doth hereby
enact that eueiy pson that shall publish & niayntayne any heterodox or dan-
gerous doctrine, shalbe lyable to be questioned & censured by the Count)-
Court where he liueth according to the meritt of his offence.

Vppon sunchy complaynt^ of the great taxations vppon the country in Treasuiers acc«
reference to publicke charges respecting the weightie occasions of tliis com- p„n„^ittf.p^
mon wealth, & for satisfac of the country therein, it is ordred by this Court
& the authoritie thereof, that M' Increase Nowell, M' Edward Tynge, M'
Joseph Hills, shall jojTie with the audito' gen" to examine & take the Treas-
urers acco, who shall jpsent the same vnder theire hands vnto the next ses-
sion of the Gen" Court, accordinge to the law, pag 16 in 2 booke ; and it is
farther ordred by the authoritie afforesd, that, in case of non appoyntm' as
that law pvides, that then the Treasurer shall tender his aiiuall acco to the
Generall Court ; & further, it is ordred by the authoritie afforeSd, that the
seuerall gross sums of all the incoms, viz', vppon the aiiuall rate vppon im-
post^, vintno''^, entriug of actions, fines, forfeitui-es, &d, as also of all ex-
pences, \\z\ of all Court(^, commissiono';' gratuities, allowances, payment^,

318 THE RECORDS OF THE COLONY OF

debt^, &6, be exactly by the auclito' certified to the Generall Court anually,
& expressed in all the coppies of the lawes sent vnto the seuerall townes
made in the first session of the Court of Election, whereby the true state of
thinges in that respect may be obuious to all that are concerned therein.

Appeales. For a more cleai-e & equall heai-inge & determing matters of appeale, it

is ordred, & be it henceforth enacted, that no pson that hath sate as judge, or
voted in any inferio"' Court in that cause he is appealed from, shall haue any
vote in the superio'' Court appealed vnto, but the case shall there be deter-
mined by such as are no way ingaged in the same by judging or voteinge in
the same formerly, pvided there be more magistrates in the Court appealed
to then in the Court appealed fro.

Jurors allow- Itt is ordred by this Court & authorltie thereof, that the graund juro''s

at County Court^ be allowed 3' p day out of the fines & other pfitt^ not

disposed off by any former order arising in each Court where they shall doe

such service, or by the country if those incoms fall short.

[*39-4.] *It is ordred by this Court & the authoritie thereof, that euery pson

Stronge waters wliatsoeuer that shall bringe any strong waters into any of o"" harbours, except

to be entered

before landed, it shall appeare by coquett that they come directly from England, before he
land any of y", shall first make entry of all & euery such caske, case, or other
vessel of stronge waters, as he, or any for or vnder him, shall put on shore, by
a note, vnder his hand, deliuered vnto the officer (at his dwellinge howse) ap-
poynted to receiue the customs, on payne of forfeiture of all such stronge
waters landed before such entry made, wheresoeuer it shalbe found, the one
halfe to the country, the other halfe to the officer, and the marchant or other
pson, owner of such stronge waters, shall, vppon the landing of them, pay
vnto the officer in the same commoditie for all strong waters, after the rate of
ten shilling^ p hogshead ; and it is farther ordred, that the officer may further
doe in all respect^ as need shall require in the execution of this law, as is
pvided in the law, title Impost^, pag 27.
Marshaiis & "VV^hereas all marshalls & cunstables, for seruingc exccutios & atatch-

regulated ment^, haue bin by law allowed as theii- fees in all townes not exceeding one

mile twelue iience, & for executions twelue pence in the pound to ten pounds,
& six pence in the pound to thirty pounds, &(5, it is ordred, that all marshalls
& cunstables throughout this jurisdict shall haue for serueinge euery atatchment
not exccedinge one mile fifteene pence, & pportionably as the miles encrease the
fees to increase as heretofore ; & all marshalls & cunstables, from time to time,
shall henceforth allow & pay vnto Edward jNIitchelson 3'' of euery fifteene pence
they receiue for seruinge of an atatchment, & further shall allow & pay the sd Ed-
ward Mitchelson three pence out of euery shillinge which they or any of them

THE MASSACHUSETTS BAY IN NEW ENGLAND. 319

shall leuy in any pt of this jurisdiction by way of fines or executions, -which
this Court allowes him as a meet encouragment for his service in the place of
generall marshall ; and further, it is ordred, that the id Edward Mitchelson
shall liaue not only the sole benefitt of the areares dew to the country from
all such as haue retayled stronge waters without licence, two pence p each
quart, but also shall haue the sole benefitt of the custome graunted by this
Court of two pence p each quart of stronge waters retayled by any in this
jurisdiction, by licence or otherwise, ■s\'liich if any shall refuse to satisfie, on
his complaynt, & profe made by him of any stronge waters retayled without
licence, the pty that hath offended shalbe lyable to pay as a fine fiue pounds,
*one halfe whereof shall goe to the country, & the other halfc to the sd Edward [*395.]
Mitchelson, & liis sallery of 10'" p aiiuni is taken off dureing his enjoyment
of the custome of strong waters as afforcsd, & shall farther haue the sole ben-
efitt of the late Impost graimted on strong waters to his owne vse & benefitt.
This law to be in force two yeares.

Whereas, by a late law, made October, 1648, there was some encourag- AVooiues.
ment both to English & Indians for the destruction of woolues, which hath
ben found pfitable vnto the country, but is now expired, it is therfore ordred
by this Court, that the sd law be agayne reuiued, & stand in force as before.

Vppon information of many inconveniencyes & difFrences by meanes of Fences,
deficient fences, it is ordred by this Coiu-t, y' the select men of all townes
shall make wholsom orders for the repayringe of all fences, both generall &
pticuler, within theire seuerall townshipps, exceptinge farmes of one hundred
acors, & hane power to impose fines vppo all delinquent^ not exceeding twen-
ty shillinges for one offence ; & if any select men shall neglect to make such
orders as afforesd more then one mo"" after the first of the last mo"" next, they
shall forfeit fiue pounds to the vse of the town, & so for euery mo""' defect for
after time.

This Court, hauinge taken the condition of the Castle into their considera- Castle
tion, doe thinke it necessary that som thinge be done by way of repayration,
and doe therefore order, that there shall be a small fFort erected there, the
charge whereof shall not exceed three hundred pounds, the one halfe of which
to be payd out of the next leuie, & the other halfe out of that which will be
the next yeare ; & for the better cai-riing an end of that worke, INIajo"^ Edward
Gibbons, Majo'' Robt Sedgwicke, Capt Joh Leueritt, Capt Humphry Ather-
ton, Capt Thomas Clarke, Capt Frauncis Norton, & SP John Johnson, who
are hereby impowred as a committee to make composition with any workmen
for the effectinge thereof accordinge to their best discretion, & M-hat shalbe bv
them so done this Court will confirnie & allow, pvldcd they exceed not the
sume aboue exprest.

320

THE JIECORDS OF THE COLONY OF

1G5:].

[*oy6.]

Secritarj-es
allowance.

Charge of
deputj-es.

Militia
oidired.

This Court, coiisideringe the many complaynt^of the covmtiy in respect
of publicke charges, which they are very sensible off, & very ^^illinge to their
vttmost to remoue, doe order & enact, & be it hereby ordred & enacted, that
euery of the magistrates, who haue borne the burden of that place for the
space of tcii ycares past, shall henceforth be allowed, to defray their owne
expences at all Gen" *Court^, Court^ of Assistant^, & other meeting^, as they
are magistrates & standinge councell of this common wealth, thirty pounds a
peece p anum ; and all other magistrates of lesser standinge, for their expences,
as aforesd, twenty pounds a peece p anum ; & such magistrates as shall here-
after be called to that service, fifteenc pounds a peece p anum for all their
expences, as afForeisd ; & that the GoQno' for the time being, from yeare to
yeare, be allowed in like manner, for himselfe & attendant^, on hundred &
twenty pounds p aiium ; & that the secritary be allowed, for his paynes &
expences for the Generall Court & councell, forty fine pounds p aiium ; & that
all the charges of the seuerall County Coui't^, both judges, juro'^s, & officers,
shalbe borne by the actions arising in each county in which they are holden,
& that all grannd jury men be allowed, for theire expences, three shilling^ a
ma p die, & the juryes for triall of causes fower shilling^ p actio. And if,
vppon triall hereof, it shalbe found burdensome to any county, in respect of
the charges of County Court^, vppon complaynt to this Court, it may be
remedied by inci-ease vppon actions, or otherwi.se ; & that such townes as haue
not more then thirty fi'recmen shall henceforth be at libtie for sending, or not
sending, deputyes to the Gen" Court, & all such townes as shall send deputyes
vnto the Gen" Court shall beare the whole charges of theire respectiue dep'^^^.
And it is further ordred, that the rate vppon the poll be twenty pence, & no
more ; & this law to take effect the 20"' of this instant Sept, & that the Court
of Electio be kejjt at Boston.

Vppon obseruation of some inconvenicncycs in seuerall respect^, in refer-
ence to the militia, & for the better improuement both of the horse, foote, &
great artilery within this jurisdiction, it is ordered by this Court & authoritie
thereof, 1. That no commission officer of a foot company shalbe a listed
troop.

J2. That ill case of an alarme, euery troop shall ffitt liimselfe in all
respect)^ for service, on pocnalty of fine pounds, & that tiio troopers in each
towue shall diligently attend such expeditions as the committee for the militia
in their townes shall require, vntill they shall otherwise be comraaunded by
som psent order from their iiucdiate cheiftay, or other superior officer.
3. That henceforth all millers, boatme, & fishermen, viilcs such as be con-
stantly imployd in fishing, at all fishing seasons, shall attend all trayningc &

THE MASSACHUSETTS BAY LN NEW ENGLAND. 321

watcliiug, as other souldiers, or make allowance to the company as theire

cheife officers, or the chelfe officers of y* regiment, shall appoynt. 4. That

such farmes as haue 20 acors, or vpward, of land in tyllage, & 20 head of

great cattle improued vppon, or belonging vnto such farnie, whose mansion

or dwelling howse is, or shalbe, more then four miles from the place of

*exercisinge the company to which they belonge, or that haue any ferry to pass [*397.]

ouer, euery such fai-me, vppon allowance to the company, shall haue one soul-

dier exempt from ordinary trayning^; & such souldiers as haue a fferry to

pass ouer shall not be called to theii'e townes to military watches, but shall

watch & ward as theire cheife officer shall direct otherwise.

5. That all warranty for impressinge of men for warr shall henceforth be
directed to the committee for the militia in each towne, to execute the same by
the cunstable. 6. That the committee for the militia, in Boston, shall hence-
forth be of the magistrates residing in the id towne ; the cheife officer of the
horse, if dwellinge there, & the cheife officer of each company of the ffiaot
within the sd towne, or the major pt of them. 7. That the foot companyes
may henceforth be exercised at any time in the yeare, as theire cheife officers
shall direct, according to law. 8. In respect of superioritie of comaunders
& company, it is ordred, that all commanders shall take place acordinge to the
seniorities of companyes, as formerly, which, on long experience, hath bin
found peaceful & satisfactory to the souldiers.

Whereas Majo' Generall Daniel Denison did, vppon inteligence of som Souldiers pay.
thowsand of Indians at Pascata^, & the great aflFright of the people in these
pt^the last springe, order a party to make a true discouery, & to quiet the
myndes of the inhabitant^, who were much distracted, & taken of their- im-
ployment^, it is hereby ordred, that the cunstables of Ipswitch, Eowley,
& Newbery, out of which plantations all the souldiers were taken, shall, by
order from the majo' gen", pay to euery foot souldier, for euery dayes service,
1% & to the sargt that commaunded them, which were 3 or 4 men, ij^ for
euery day, & to two troopers 2^ 6* p day, which seuerall sums shalbe allowed
by the Treasm-er to the respectiue cunstables in their account^. The time of
service was from Fiyday morninge till Munday night.

Capt Willard & Sergent Job Sherman, being appoynted by this Court to m- Rices land,
lay out 200 acors of land, graunted vnto Capt Jenison, vnto Edmund Eice,
the purchaser, layd it out accordingly, bounded on the east neere Watertowne
bounds ; vppon the west partly w"^ il'' Diuisters farme ; vppon the south it
poynt^ neere Dedham bounds ; vppon the north it lyes neere the bounds of
Sudbery.

This was subscribed with theire hands, & approued off by the Court.

VOL. III. 41

322

THE RECORDS OF THE COLONY OP

1653.

Beckettt
answer.

Blantons
answer.

[*399.]

Hampton
boundes.

*This Court beiiige iuformed by Leiu? W" Davis & M"" Henry Shrimp
ton, that M' Digory Carwithen is departed this life, by reason whereof the
affayres of the owners of the shipp New England Marchant, for freight,
.deliuery, & disposall of the id shipp & goods, respectinge the accomplishment
of his voyge, is wholy left destitute, both of a meete master & power to
carry on both the acco of the Sd owners & M'' Carwithyes owne affayres, &
havinge pvsed the last will & testament of the id Carwithen, findinge his cai-e,
both for the owners & his owne affajTes, to be such as, by a ire of atturney &
last braunch of his will, desu-eing that the sd Lieut Davis & M'^ Shrimpton,
as his agent^& atturneyes, should fully be impowred to sue, demaund, & recouer
all debt^, goods, freight, &6, due to him or the id owners, the Court judgeth it
meet that the id Lieut Davis & M'^ Shrimpton shall, & hereby are, impowred to
act accordinge to the sd ire of atturney & last braunch of the sd will, & they
are to be responsall so farr as the estate they receiue into theire hands reacheth
vnto, also for all debt^ owed by the id Carwithen, or what else may justly be
challenged from the owners of the id. shipp, that so the estate of the owners
& M"^ Carwithen may not suffer, nor be imbezled, nor yet the estate of any
other by theire defect.

John Beckett, Anthony Binge, & others of Capt Thurstons men, puttings
In a petition to this Court for their wages, are referred for redi-ess to a County
Court, or speciall Coui't, as they shall se cause.

W™ Blanton, pferinge a petition for satisfaction for the dyet of two French
men billeted at his howse a moneth, is allowed fiue shillinges a weeke a
peece, which the Treasurer is to satisfy.

This Court, on a hearinge of the case betweene W"^ Blanton & certayne
Indians, which he acuses for breakinge vpp his chest & caringe away his
money, doe not find the Indians legally guilty of what is charged on them, &
doe therefore judge that the id Blanton should pay what charge hath bin ex-
pended by the Indians in the prison.

In answer to the petition of Isaacke Boswell, of Salsbiuy, for releife in
respect of the title to certayne howse & lands bought of M'' Batt, this Court,
findinge the petitlono'' had a legall deed of sale from M"' Batt for the id howse
& land, possession of it & payment for it, & that Cheney, nor any in whose
behalfe he sued at Salsbury Couit, hath any legall right to it, & therefore
*judge that the sentence of the Court at Salsbury Is to be of no force, & that
the petitlono' slialbe satisfied all his charges expended in the case, & remayne
in peaceable possession of the g'misses.

M'' Samuell Winsley, M"" Tho Bradbury, & M' Robt Pyke, being chosen
by, the Gen Court to lay out the west ends of Hampton bounds, vppon their

THE MASSACHUSP:TTS bay in new ENGLAND. 323

best information, liaue concluded tliat their west lyne shall run from the extent
of the lyne formerly agreed on, to come witliin two miles of Exeter meetingc
howse, vppon a direct lyne to that pt of Alse Brooke where the high way goes
ouer, & from thence vppon a direct lyne, so as to leaue Exeter Falls at y'^
towne bridge, a mile & a halfe due north of the same, & from thence vppon
a west & by north lyne as far as the vttmost extent of Salsbiu-y bounds that
way. Their names were subscribed.

There beinge in the year 1643 a farme of 200 acors graunted to M'John M'AUens
Allen, pastor of Dedham, at Bogerstow, vppon Charle Eiuer, Capt Lusher & ''™^''
Edmund Rice being appoynted to lay it out, & they having done it accordinge
to the Court^ graunt, theire returne is approued of by this Court.

Martin Stebbins, beinge fined fiue pounds for brewinge without appro- Stebbins fine,
bation, petitioned for the remittinge of his sd fine, which pet was not
graunted.

This Coiu't hauinge considered the letters & papers from the Generall 1 September.
Courtf of Conectecott & New Hauen, which were directed to the Gouerno"^ & <^°''™y^^ *"■

^ swer to Con-

counsell, & by them referred to the consideraeS of this Couit, the content^ necticut.

whereof we find to be of great concernment to the seQall Vnited Colonyes,

and the rather because we pceiue the opinnions of the sd Coui-t^ seeme dif-

frent from o' owne, & therfore we judge it most conduceinge to peace to wane

disputes concerninge the poynt in controversie, not bee we haue not reason to

justifie the substance of o' declaration, or to answer the reasons brought to

mayntayne theire assertion, Avhich concludes not the question in difii-ence, but

only that which we neuer denyed, viz', that the commissiono'^ haue, by the

words of the articles, power to determine the justice of an ofiensiue warr;

o'' assertion, which they seeme to oppose, being this, viz', the commissiono''

haue not power to determine the justice of an ofFensiue warr, so as to oblidge

the seuerall colonyes to act accordingly, which, if it had bin observed, would

haue pvcnted that oj^position that hath bin made ; for we haue no cause to

doubt but the rest of the colonyes, well considering the case, will readyly

joyne with vs in the explication of the articles ; whereas it is agreed for the

mannaging *and concludinge of all affayres, &6, two commissiono''^ shalbe [*400.]

chosen by, & out of, each of these fewer jurisdictions,- &&, which shall bring

full power to heare & examine, weigh & determine, all afiayres of peace or Explicat.

waiT, &d ; j)vided, that in the case of an ofFensiue or vindictiue wai-r, taking

in more confcederates, makeing of leagues, & sendinge of aydes to any other

then o"' confcederates, the Generall Court^ of each jurisdictions be at ^there

liberty to act according to theire owne light & conscie, notw"'standing any

determinatio of the coiuission" in the id cases : and this reason may induce all

324

THE RECORDS OP THE COLONY OF

. 6 5 3. the colonys, bee the Generall Courts will in the id cases (de facto) be judges
■ '* ^ of the justice of theire owne actf^^, it not being to be supposed they will act
>ep em er. ^^ gy^Q\i xcightie occasions -without satisfaction to their consciences, & there-
fore, de jure, they ought to be ffree, & not to be vnder a dilemma, either to
act without satisfaction ag' their light or be accounted couenant breakers,
which will hazard the breach of the confoederacy, which may by this means
be preserucd. Sept P', 1653.

2 September.
Comissiono"

[•401.]

3 September.
Couit^ reply.

An answer to a writeing newly receiued fro y" hono'''^' Generall Court
of the Massachusetts.

The commissiono'' for the thi-ee smaller colonyes haue brought with
them full power from their respectiue jurisdictions to heare, examine, weigh,
and determine all affayres of peace & warr, leagues, aydes, &6, accordinge to
the gramaticall & true sence of the articles of confederal, & hoped the com
missiono'" of the Massachusetts should haue bin invested with the same
power which the former interptatio & the psent writeing receiued from this
Generall Court doth seeme to cross. They know well that no authoritie or
power either in parent^, masters, magistrates, commission''^, &<?, doth or
ought to hold ag' God or his comniaunds, but they conceiue that is not the
questio here, nor is any clause or cauti more clearly «&; fully (as they apg*-
hend) inserted in the framinge of any common wealth jurisdiction, &^, to
j^serue peace & righteousnes, then in these articles of confederal. The com-
mission" haue met these ten yeares, & through the ^sence & assistance of
God doe not yet know of one vnjust conclusion made or passed by them,
though herein they assume nothinge to themselues, who are men subject to
infirmities as well as others ; this, then, is not the cause of the late interpre-
tatlo or ^sent difference ; it seemes to haue some other bottome. They con-
ceiue this Generall Court resolue from time to time to judge, not only of the
justice, but of y" conveniency, of what the commission''^ conclude, *and that
each of the fower Generall Court^ shall doe the like, & to act no further then
themselues will pfes to se light, & to receiue satisfaction to theire consciences ;
so that, though the coramissiotf^ determine vppon grounds good & saffe in
themselues, yet their conclus, as most tiling^ are, shall in one Court or other
be still lyable to doubt & question, which aparently tend to breake the con-
fcderatio, for they conceiue that neither colonyes nor commission''^ will find
incouragment to beare such charges & make such journeyes vppon such
vncertayne & vnsatisfyinge termes. Sept 2^, 1653.

The Com! of the Massachusetts cannot but judge it nessessary that the

THE MASSACHUSETTS BAY IN NEW ENGLAND. 325

explicatio, ^sented in o"" last paper, be inserted into the articles of confederal,
as much conduceing to the right vnderstanding of the confederacy, & the
office & nature of commission''% who at first, & in some colonyes to this time,
were chosen by the Gen" Coiut^ to be theire counsell in those weighty
afiayres, not to be theii- goQnors to commaund or enjoyne them, the conse-
quence whereof, we suppose, will in a little time be resented by others as well
as c'selues ; therefore we, beinge desii-eous to avoyd contests or jlix disputes
^ythe commissionors, doe desire that this may be accepted as o'' finall conclu-
sion for the ^sent, viz', that we cannot graunt that the seuerall juiisdictions
are subordinate or subject to the authoritie of the commissiono''s, & therfore
not bound in foro ciuili to execute theire determinatios, nor act according to
theii-e judgment(_ in makinge of offensiue warr, leagues, or ajdes, bee the
power of making warr & peace cannot be taken or giuen without the destruc-
tion of the sou?aigntie of a goiiment, i. e., w"'out making no goQment, or
dissoluinge the goiiment ; notwithstanding, if their judgment^ & determinations
be just, & according to the word of God, we doe acknowledge the colonyes to
be bound to act accordingly, not only in foro conscientiae, bee the determina-
tions af just, but in foro ciuili, bee of the contract & league betweene the
confoederates, although not by the authoritie of the commission'"^ Sep* 3"^,
1653.

Honourd Gentlemen : The commissiono''s of the three smaller colonyes Com" retume.
did suppose the answer giuen by two of the Gen" Court^ had suffyciently
cleared the sence of the articles & power of the commissiono% The colonyes
confosderating, & the freemen chooseinge & sending them, doe impower them
to conclude & determine in all aflfayres prop to the confederatio ; if any doubt
yet remajTie, we conceiue it may be further cleared by what was ^sented by
or from yo'" selues to the commissiono''^ at Plymouth, anno 1648.

•About explanation & settleinge a right vnderstandinge concerninge some [*402.]
thinges in the articles.

1. First, that by safty, in the second article, is only intended safty from
any enemy, not from common evidences, as famine, pestilence, &S, & the
same of common welfare.

2. That the scope of the eyght article extend only to causes wliicli con-
cerne diners of the colonyes, (not any one in it selfe,) or some one or more
of the colonyes, & some neighbour plantations not w'^n the confcederaco, &
by Indians to be meant Indians, straungers, &c'.

3. In cases of a ciuili nature, where the commissiono""* may haue power to

326 THE KECORDS OP THE COLONY OF

make orders, &d, yet not to haue power to make any gen" officer of a ciuill
nature to execute such orders, but the same to be executed by the officers of
such jurisdiction as shalbe concerned therein; & if such jurisdiction or colony
shall not submitt & pforme, &6, after due admonitio, then to be responsall to
the rest of the colonyes for breach of league & couenant, and to be declared
what further power the commissiono" haue in such cases, &(3.

The commissiono" then concurred with the ^Massachusetts in these expli-
cations, as clearly agreeinge with the scope of the articles, as may appeare by
the records of that session, but could not admitt of any alterations ppounded.

Whereas this hon""* Court express their confidence to be secured from
any imputation of violatinge the articles before impartiall judges, they men-
tion not who these judges are, but the commissiono" conceiue they intend o'
impartiall superio""^ in England, wherewith they readyly close.

What addresses this Court shall please to make to the other three Gen''
Court(^, the commissiono" are assured wilbe (accordinge to righteousnes)
duely attended.

The difFrence you would put betweene the power of Gen'' Court^ and
the commissiono''^ within theire prop concernment^, we vnderstand not, nor
doe we conceiue yo'selues were of y' mynd in aiio 1648. We haue suffi-
cyently expressed o"^ apprehentions, & shall only add, that when any authority
impose poenaltyes in cases where the subject cannot, according to God, obey,
guilt wilbe charged ; Joab slimed in obeying in the death of Vriah, & David
had also sinned, had he punished Joab for his disobedience to such a com-
maund. As no colony hath power to act for the rest, so no one colony within
tliis covenant of confoederation may, to the prejudice of the rest, reject the
determinations of the commissiono" not manifestly vnjust.

That peculiar jurisdiction which the articles reserue to each colony the
commissiono" neuer questioned, nor they hope shall euer haue any thought in
the least to incroach vppon ; but wherein that consists yo' selues express in
yo' pposition in ano 1648, before mentioned ; & by a due consideration of
[*403.] the passages in other articles, compared *with the 11"", you may possibly
receiue further light.

To conclude, we may saffly (to say no more) ptest o' ovme readynes to
^serue the articles in their full strength, & to attend o' duty in the p>sent
meetinge, obstructions cast in by this Court being duely remoued; if you,
therefore, please to expresse yo'' resolution to contynue the just power of the
commissiono", accordinge to the true sence of the articles, as, till this yeare,
euer intended & vnderstood, both by yo'selues & all the other colonyes, till
any other articles, explication, or pvision be agreed on by y* foure Gen"

THE MASSACHUSETTS BAY IN NEW ENGLAND. 327

Court^^, the commissiono'"^ shall ^pseiitly & cheai-fuUy pccede; if not, without 16 5 3.
further loss of time, they desire to returne to their other occasions, & shall "^ '* '

. 8 September.

close with yo' close, in leaning the whole cause to the wise & just Judge, who
knowes both o"' seuerall aymes, & all the passages in this dispute betwixt vs.
Sept 8'S 53.

To the commissiouo''^ of the Vnited Colonyes. Gentlemen : "We se not 9 September,
reason to protract time in fruitless & needles returnes ; we shall acquiesce com".
in o' last paper, & committ the success to God. Sep? 9"', 1653.

The Court, beinge informed by one of o"^ commissiono™ that o'^ true mean- 10 September.
inge concerninge the question in debate is not rightly vnderstood by the rest
of the commissiono", wherein if they were satisfied, all obstructions of their
^sent acting^, according to their commissions, would be remoued, doth
declare that we judge & graunt that, by the articles of confoederation, so farr as
the determinations of the commissiono'"'' are just & accordinge to God, the
seuerall colonyes are bound, before God & men, to act accordingly, & that
they sin & breake couenant if they doe not ; but otherwise we judge we are
not bound, neither before God nor men. Sep? 10*, 1653.
. The which tliis answer was returned : —

The commissiono" for the three colonyes judged of the meaninge of the
Massachusettf^ Gen" Coiut by their expressions in former writing^ , and accord-
ingly returned answers, to which they still referr ; what that Court doth this
day declare the commissiouo""^ so farr accept that they purpose presently to
pceede, referring all further questions to the adresses the Massachusetts shall
please to make to the other Gen" Court^. . Sep? 10*.

At the reqviest of the military company of the towne of Roxbury, this
Court doth confirme Ensigne Johnson to be their captayne. Sergeant Crafty
for their leiut, & Sergeant Boles for their ensigne.

Majo"' Gen" Denison is chosen to supply the place of the secritary in the
absence of the secritary.

Seuerall of the inhabitant^ of Roxbury, desireing an opportunity to to
^sent theiie reasons of *ofnon satisfaction in the choyce of Captayn Johnson, [*404.]
had their request graunted ; but the Court, notw*standng what was then
aleaged, saw no reason to alter or recede from their former vote of confirma-
tion of Capt Johnso.

In answer to the pet of Peter Bent, for repayrat of his dammag sus-
tayned in his horses goeing on the countryes service to Conectecott, the
Court vnderstanding the petitiono™ horse was the worse for the journey, at
least six pounds in the value of it, besids liis charg for the cure & the hire of
it, they order that he shall be allowed ten pounds out of the country leuie, if

328 THE RECORDS OP THE COLONY OF

1653. he accept thereof, or otherwise he may haue little to sue the Treasurer, &
' '' ' recouer what dammage he can justly proue.

10 September.

The commissiouo'" answer to a second writinge, rec from o'' Gen" Coui-t, the
6"^ of Sept, 1653.
The foure colouyes, vuiteing, did, by expresse words, & accordinge to the
true sence of the articles, enter into a ppetuall league & couenant, for them-
selues & posteritie, y' their eyght commissiono", or any six of them, should
haue full jiower to heare, examine, weigh, & determine all affayrs of warr &
peace, leagues, aydes, &(3, prop to the confoederatio, wherein no one colony or
Gen'' Court alone can haue power to act for the rest, though the commissiono"
still readyly acknowledge that all councells, lawes, & conclusions, whether of
magist^. Gen'' Couit^, or commissiono", so far as they are manifestly vnjust,
are, & ought to be, accounted of no force : let God be exalted, & all sort^ of
men set, where they should be, at his feet ; but the power of determininge
cannot be taken from the commissiono"^^ without violation of the couenant^;
they haue no power to make new articles, nor may act as commissiono" if the
forme be broken ; they shall acquaynt theire respectiue Gen'* Coiu-t^ with the
finall conclusion of this colony, dated & rec this psent day, & leaue it to theire
consideration, propoundinge it to you whether it will not be a great sin ag*
God, & very scandolous before men, that a confoederat fiue years vnder delib-
eration, in New England, & since contynued ten yeares, w^'out inconvenience,
nay, w"^ a blessinge, — a confoederation wherein eueiy article was considered &
weighed, not only by a committee from each of the foure juiisdictions, but by
the whole Gen"^ Court of the Massachusetts then sitting ; a confoederation
for which prayer was put vp publickly while it was vnder treaty, Sc pubHcke
thankes retm-ned when it was finished, — should by tliis Coiu-t be first distiu'bed,
by a strayned interpretation, as if the aiticles gaue no power to the commis-
siono" to act in an ofFensiue warr, & after, Avhen that was cleai-ed & yeelded, to
depriue them of all power in oifensiue warr, leagues, aydes, &(3, they must
[*405.] meett only to giue advice, *which any of the seuerall jurisdictions might take
or leaue as themselues se cause, & so make all voyde, & that bee the majestie
or honoiu- of gouernment cannot be preserved if the power of makeing warr
& settHng peace be in the hands of commissiono" chosen generally out of &
by the ffreemen of the fower colonyes, which, by the confoederation, are made
& ordi-ed to contynue one, & to be ^ to he called by the name of the Vnited
Colonyes of New England, whereby the couenant & league so solemnly, &
seriously, & religiously made must necessaryly breake & be tUsabled ; but
whether this violation pceede from some vnwarranl scruple of conscience, or

THE MASSACHUSETTS BAY IN NEW ENGLAND. 329

fioiu some other iugagmcnt of spirrite, the Miissacliusctt(^ neither express, 1(153.
nor will the commissiono''^ determine, but Icaue it to the -Nvise & righteous "" ' '
God, who is the only Lord of the consciences of men. Sep? 6, 1653.

To a question ppounded by the cxccuto''- of the last will & testament
of Thomas Dudley, late ^ Roxbury, Es^, whether his estate should be lyable
to the country leuic now to be gathered, the Court resolues in- the negatiue.

M' Christopher Batt being playnt in an action of the case ag* the towne
of Salsbury, about the devisio of meddow, in which, at a County Court at Sals-
buiy, he sued for a proportion, & being cast in the actio, appeales to the Court
of Assistant^, where the jury foimd for the playnt; but the Court not con-
sentinge to rec the verdicte, it came to the Gen" Court of course. The Court,
on a full hearing of the case, & all the evidences therein, found for the towne
of Salsbury.

In ans^^^cr to the petition of IMary Carter & her sons, Samuell & Joseph
Carter, for advice concerninge the disposinge of certayne legacyes giuen by
Thomas Carter to his grand children, the Court thinkes the way ppounded
in the petition is best for the good of the grandcliildren, & therefore are will-
inge that ten pounds be deliuered to each of the parent^ of the legatees, with
the pportion of the price of the acor of land is sold for, they giueinge securitie
to the execute" to pay the widdow for her life what shalbe equall, & to the
child of each of them, accordinge to the will.

This Court doth appoynt M"' Samuell Andrew & Jona Clarke, of Cam-
bridge, with all convenient speed, to find out the place vppon the sea coast
where the vttmost bound of o"" patent is, & to erect some marke or heape of
stones at the place, & run the lyne, & marke trees forty pole into the woodes
east & west, paralell to the latitude heretofore taken within the land, viz',
43 degr, 43 minut^, & 12 seconds *of north latitude, & to make returne [*406.]
vppon oath before the Deputy Gouerno'', or any other magistrate, which is to
be entred by the sccritary ; & for theire paynes & skill in this worke the Coui-t
doth appoynt Capt Gookin to make agreement with them, Avhich agreement
the Treasurer is hereby appoynted to pay accordingly, & the former order
about IM"" Ince & Serg' Sherman is hereby repealed.

It is ordered by this Court, that the Treasurer shall pay vnto the ^sent
secritary six pound, for powder sold vnto the capt of the Castell, expended
at INI"' Dudlyes funerall, & that, accordinge to a former agreement with him,
both for price & pay, this to be payd out of this coiuitry rate now In beingc,
& the capt of the Castle is to take vp his bond.

It is ordrcd by this Court, that Goodman Heydon, of Brantrc, shall hauc Hcydcu's son.

VOL. 111. 43

330

THE RECORDS OF THE COLONY OF

Andover &
Reading high-

[*407.]

Iminanuel
Downing

Redding &
"Winnesmctt
road laid out.

fine pounds payd him this yeare by the Treasiuer, towards the keeping of his
distracted son, as in times past.

tn answer to the request of Capt Wiggan & M' Bradstreet, Elder Nutter
& ^['^ Samuel Winslcy are appoynted to lay out the land formerly graunted
them vppon Quauhiggin Riuer, accordinge to the graunt.

Capt Richard Walker, Thomas Marshall, & Nicholas Holt, bemg ap-
poynted by the Court to lay out the country high way from Andevour to
Reddiuge, haue thus agreed to follow the cart way from Andevour to Good-
man Holt^farme, leavinge his howse about a quarter of a mile on the left
hand, & so in a strayte south, or neerc a south lyne, to the falls of Ipswich
Riuer, accordinge to the marked trees, & so from a riuer vppon the like
strayght lyne, to the head of a meddow called the Great ]Meaddow, to the saw-
mill in Readinge, & fi-om thence through the common corne feilds to the
meetinge howse, leavinge the lott of Josias Dordin on the right hand, &
Zachariah Fitt^ his lott on the left hand ; & we agree that the sd highway
shalbe fewer rode wide at the least, in all places except through the common
feilds at Readinge, & there not to be less then two rods wide.

In answer to the request of M' Bradstreet, Majo' Generall Denison, &
the executo'^s, in the behalfe of others of M'^ Dudleys children & grandchil-
dren, power is hereby giuen & graunted to the parent(^ & guardians of the id
children, to lett, sell, or dispose of Watertowne mill for the vse of the heu-es,
(& with their consent.

*Iu answer to the petition of M'' Emanuell Downinge, itt is ordred, that
M'' Samuel Winsley, M'' Thomas Bradbury, Tho Coleman, & W"" Estow, or
any two of them, M"^ "Winsley beinge one, shall & hereby are appoynted to lay
out the fai'me of six hundred acors formerly graunted him in satisfaction of
fifty poundes layd out by him for the country, to be layd out on the further
side of the riuer, neere to Dover bounds, beinge cleare of all graunt^.

Thomas Marshall, John Smyth, & John Sprague, beinge chosen to lay
out the country high way betweene Reddinge & Winnesemett, do lay it out as
followes : from Reddinge towne, thi-ough Maiden bounds, betwixt the pond &
John Smyths land, & so by the east side of M' Joseph Hills land, to New
Hockley Hole, & so in the old way by the Cow Pen, & thence along on the
east side of Thomas Coytmores lott, by Ele Pond, in the old way, to Thomas
Lynds land, then through the first feild, & so by the feild by his howse, from
thence, on the old way, by Maldon meeting howse, through the stony
swampe, from tlic road there vpp betwixt Richard Addams & John "\^phams
lott^, into Charlstowne bounds, through W"" Johnsons & Richard Dexters
land into y'' way by the South Springe, & so on the south side of Tho

THE MASSACHUSETTS BAY IN NEW ENGLAND. 331

Whitamores liowse into M"^ Bellingliams land, into tlic way that goeth to tlie
fFerry ; the 5d way to be fower pole Ijioade, in good ground, & six or eight
where need requires.

In answer to a petition pferred by the new chnrch, of Boston, to take of New chh
an injuntion, whicli they say is layd on them, not to call & ordayne M"^ Pow- B^g^gJ"
ell to office, the Magistrates denyinge any order to be made by them absolutely
to forbid the new church in Boston to call JM"" Powell to office, but only to the
office of pastor or teacher, for either of which two sayd offices the Court can-
not but judge M"' Powell to be vnfitt, nor can they consent thereto, because
they cannot be satisfied that M' Powell ^ such abillityes, learning, & qualifica-
tions as are requisite & necessary for an able ministery of the gosple, whereby
he might be able rightly to devide the word of truth, & be able to convince
gayne sayers ; besides the vnsutablenes of these times complyinge with such
vnsound tenent^ as now abound, for the subversion of an able ministery. The
Court conceiuos the chh may call M"^ Powell to the office of a ruleinge elder,
& then they may enjoy all the ordinances of Christ amongst them, saue the
saccrament^, which they are suplyed w"' in Boston ; & their wayting till the
Lord shall send vnto them an able minister of the gosple, they hope, will not
be in vayne, but may be conduceinge to the peace & comfort of themselues,
& to the towne & country also, who is much concerned herein.

•The Court, being informed that the p>sent condition of the colledge at [*4:08.]
Cambridge calls for supply, doe order, that Cambridge rate for this yeare, ^^ September.
now to be collected, be payd in to the steward of the colledge, for the dis- mittce.
charge of any debt due from the country to the sd colledge, & if there be any
oQplus, to be & remayne as the colledge stocke ; and further, for the clear-
inge & settlinge all matters in the colledge in refference to the yearly mayn-
tenapicc of the ^sident, fellowes, & necessary officers thereof, & repayring
the houses, that so yearly complaynts may be |)>vented, & a certayne way set-
tled for the due incouragment of all psons concerned in that worke. And the
Court doth hereby appoynt M' Increase Nowell, Cap? Daniel Gookin, Capt
Joh Leverett, Capt Edward Johnson, & M' Edward Jackson, or any three of
them, & M"" Nowell to giue notice of the time & place of meetinge, who are
to be a committee to examine the state of the colledge in all respect^ as here-
after is exprest : —

1. First, to take acco of all the incomes of the colledge, & profitt^ arls-
inge due to the officers thereof, either by gift(^, reuenues, studdy, rent^,
tuitions, commencement^, or any other profitt^ arisinge due from time to
time, .IS neere as may be, from the time since first the ^sident vndertooke the
worke.

332 THE RECOIIDS OF THE COLONY OF

2. 2'>', to examine wliat liath bin pd & disbursed, either for bnildinge.,
re^oayringe, or any otherwise pd & receiued aiiually for mayntenance of the
psident, fellowcs, & other officers thereof.

3. Thirdly, to consider what hath bin yearly rec by the psident ont of
any of the incoms & pfitt^ afforesd, for his owns vse & mayntenance, as neere
as may be, ener since he came to the place of prtesident ; also what allowance
hath bin made yearly to the ffellowes & other officer^.

4. To waygh & consider what may be fitt for an honorable & comfortable
allowance, aiiually, for the p>sidcnt, heretofore & for the future, & how it may
be payd hereafter.

5. Fiftly, to consider what number of ffellowes may be necessary for
caring on the worke in the sd coUedge, & what yearly allowance they shall
haue, «S: how to be payd.

6^y. To direct some way how the necessary officers, as steward, buttler, &
cooke, may be j)vided for, that so the schoUers commons may not be so short
as now they are occasioned thereby.

7. To take cognizance of all & euery matter or thinge concerninge the
5d colledge, in reference to the welfare thereof in outward thinges, & to pisent
a way how to regulat & certify any thing y' is out of order.
[*409.] *8. Eyghtly, to examine what somes haue bin, & of late are, pmised by

seuerall townes & psons for the vse of the colledge, & to giue order for the
collection thereof, & propose a way how such monyes may be improued for
the best benefitt of that societie for the future. And this committee are hereby
authorised with full power to act in all the prsemises, and to make ^ of what
they shall so doe to the next Court of Electio, that so it may be confirmed if
they shall judge meete. Sept (14), 1653.
Commissioners The returne of the commissiono'^ from the eastward, who, vppon the

commission graunted by the Gen" Court, bearinge date the T"* of June, 1653,
viz', Richard Bellingha, Es^', Capt Thomas Wiggin, Daniel Denison, serg*
majo'' gen", Edward Rawson, secritaiy, & M'' Briant Pendelton, in order to
their commission, repayred to Wells, suinond Saco & Cape Porpus to appeare
before them the 4"' of July, 1653.

The commissiono''^ aboue mentioned, by vertue of theirc coriiission, held
& kept a Court theii-e, & caused the inhabitant^ of "Wells, by name pticulerly,
to be called according to their suiiions, & those whose names are here\Tider
writen made their appearances & acknowledged themselues subject to the
goiim' of the ^lassachuset^, as wittnessed their hands, Joseph Emerson, Eze-
kiell Knight, Joh Gooch, Joseph Boles, Jonathan Thinge, Joh Bai-rett, Senio,
who, after their subjection, were made freemen, & tookc the oath, after which

THE MASSACHUSETTS BAY IN NEW ENGLAND. 333

Jonathti Thing Mas made cnnstable there for one whole yea, and tookc IG.'),').
his oath. ^~ ^ ~'

While tlie iuhabitaut(^ of Wels were calliiige oQ, one W" Wardall, passing
by & vttering contemptuous speech^ ag' the Court, was aprehended & securd,
to answer his offence the next day.

At which time the Court mett, & the inhabitants^ of Wells, being called,
appeared, & did subject themselu^ as followeth : —

We, whose names are herevnder writte, inhabitant^ of Wells, doe hereby
freely acknowledge o'"selu^ subject to the goQm' of the Massachuset^, aswitt-
nes 0' hands ; Henry Boad, John Wadely, Edmund Little feild, John Saun-
ders, Joh White, Joh Bush, Eofet Wadley, Frauncis Little feild. Sen, W""
Wardall, Samull Austin, W-" Hamans, Joh Wakcfeild, Tho Mills, Antho
Little feild, Joh Barrett, Jufi, Tho Little feild, Francis Littlefeild, Jun, Nich-
olas Cole, W™ Cole : the Court, at y" request of the inhabitant^, accejited
of W"^ Wardall ; all which were made freemen, & tooke the oath ; & further,
whereas the towne of Wells hath acknowledged themselu^ subject to the
goQm' of the Massachusetts Bay in New Engi, as by theire subscriptions
may appeare, we, the com of the Gen" Court of the Massachusetts for the
settling *of gouernment amongst them & the rest w""'" the bounds of theire [*480.]
charter northerly to the full & just extent of theire line, haue thought meete
& doe actually graunt —

That Wells shalbe a townshipp of it selfe, & alwayes shalbe a pt of
Yorkeshire, & shall enjoy ;ptection, aequall act^ of favour, & justice, with the
rest of the people inhabitinge on the south side of the Riuer of Piscataq,,
within the limits of o"' jurisdiction, & enjoy the prluiledges of a towne, as
others of the jurisdiction haue & doe enjoy, with all other lifeties & prlui-
ledges to other inhabitant^ in ©''jurisdiction.

2. That euery inhabitant shall haue & enjoy all their just proprieties,
titles, & intrestS in the howses & land they doe possess, whether by graunt of
the towne, possession, or of the former General! Court^- 3. That all the
present inhabitant^ of Wells shalbe ffreemen of the county, & having taken
the oath of ffreemen, shall haue lifetie to glue their votes for Go?n'^, Assistant^,
& other generall officers of the country.

4. That the sd towne of Wells shall haue three men, approued by the
County Court from yeare to yeare, to end small causes, as other of the town-
shipps in the jurisdiction hath, where no magistrate is, according to law ;
& for this present yeare M'' Henry Boade, M' Thomas Whelwright, & M''
Ezekiell Knight are appoynted & authorized coiiiissiono'^ to end all small
causes vnder forty shilling^, according to law; & ffurthcr, these ronimis-

334 THE RECORDS OF THE COLONY OF

siono", or any two of them, are & shalbe empowred & invested w**" full power
authoritic as a magistrate to keepe the peace, & in all ciuill cases to graunt
atatchment^ & executions, if neede require. Any of the id coinissiono" haue
power to examine offendo'^, to committ to prison, vnles bayle be giuen, ac-
cording to law, & when these or any of these shall judge needful, they shall
haue power to bind offendo" to the peace or good behavio'' ; also, any of these
haue power to administer oathes according to law ; also, mariage shalbe
solemnized by any of these according to law.

It is further hereby ordred & graunted, that for this psent yeare M''
Henry Boade, M' Thomas Whelwright, W Ezekiell Knight, John Wadley, &
John Gooch shall be the select men to order the prudentiall affiiyres of the
towne of Wells.

The foreSd commissiono" tooke theire respcctiue oathes as coiiiission'^ as
associates vse to doe.

Lastly, it is graunted, tliat the inhabitant^ of Wells shalbe, from time to
time, exempted from all publicke rates, & that they shall alwayes beare their
owne charges of the Court^, &6, arising from amongst themselues. ISI'' Jo-
seph Bolls was appoynted clerke of the writt(^
[•411.] *^I' Ezekiell Knight is appoynted to be a graund jury man for the towne

of Wells for one yeare, & tooke his oath.

The case betweene Morgan Howell & Joh Baker is continued, & referred
to be determined by the next County Court in Yorkeshire, & the sd Joh Ba-
ker did acknowledge himselfe bound in twenty pounds to M"' Eichard Russell,
Treasu' of the Massachusetts jurisdiction, on this condition, that he shall ap-
peare before the next County Co\irt in Yorkshire, to answer the sd action or
complaynt of Morgan Howell.
July 6 : .53. Seueral articles were exliibited agayust John Baker, for abusiue & oppro-

brious speeches vttered by him ag* the minister & ministeiy, & for vp-
holding private meeting^, & pphesying, to the hindi-ance & distm-bance of
publicke assembling, &d : some of them beinge proued ag' him, he tendred
voluntaryly to desist from prophesying publickly any more : the Court pro-
ceeded to censure him to be bound to his good behaviour, & forbade him any
more publickly to preach Avithin this jurisdiction any more.

Joh Baker did acknowledge himselfe bound in twenty pounds to M"'
Eichard Eussell, Treasurer of the Massathusets, on this condition, that he
will be of good behavio"^ betweene this & the next County Court, & make his
appearance at the sd Court if he be w"'in the jurisdict.

AVee, the comission" of the Massachusetts for settling of goiiernment
at AA''ells, Cape Porpos, & Saco, being informed of seuerall diffrences amongst

John Bak
censured.

THE MASSACHUSETTS BAY IN NEW ENGLAND. 335

the iuliabitanti^ of Wells, wliic-Ii were principally occasioned, as was pfessed in 16 5 3.
the Court, by those which called themsehies the church there, which differ- " '' '

, . . o 1 /■ -ii- n ll yentember.

ences we were very desireous to compose, & thereiore were willing to be
informed of the pceeding of those psons, & the successe of their chmxh
estate, there being but three psons left ; & by Wardalls, with the others con-
fession, both jNI'' Permott & Wardell were dismist from their chiuxh relation
at their own request. After we had heard what both ptys could say, with the
relation of M' Boade, Edmund Littlefeild, & W" Wardall, we Avere fully satis-
fied that their church relation was dissolued ; wherevppon we advised them to
desist from further distiu-bance of the place, by asserting their pretended
chiu-ch relatio, & to apply themselues, for the future, to some other coui-se,
which might conduce more to the peace & settlement of the place, w'^'' if
they shall neglect to doe, & shall contynue their vngrounded assersion
of their chmxh relation, we pfesse ©""selues bound to bear wittnes ag' them,
for endangering the *disturbance of the peace & welfiire of those people vnto [*412.]
whom we haue cause to hope, through the blessing of God, our endeuours for
their good will not proue succesles, & therefore doe earnestly desu'e they may
not be rendred fruitles by those especially pfesse them selues before others to
be the children of peace.

The Court also proceeded to make this protestation, w'='' was by the
marshall publickly published.

AVhereas we haue declared the right of the Massachuset^ gouernment to
the townes of Wells, Cape Porpus, & Saco, & the inhabitant^ thereof, being
suiiiond, did appeare before vs, at Wells, on this 5"^ day of July, 1653, &
acknowledged y'"selues subject therevnto, & tooke the oath of ft'reemen &
fidelitie to the id gouernment, which, by vs, their commission'"', haue ap-
poynted & settled a gouernment oQ them ; we doe therefore hereby protest ag'
all psons w*soeuer y' shall challenge jurisdiction, or exercise any act^ of
authoritie ouer them, or ouer any other psons to the northward, inhabiting
■within the limitt^^ of o"' psons, which doth extend to the latitude of forty three
degrees, forty three minutes, & 11 S*"^ of northerly latitude, but what shalbc
deriued from vs, the coiiiissiono'^, or the Generall Court of the Massachusett(\
Giuen vnder o"^ hands, at Wells, in the county of Yorke, the 6"' of July, &
signed by the coinlssion".

It was ordred also, that the select men of the townc of Wells shall, &
hereby are, impowred to appoynt a meet pson to kecpc an ordinary there, for
entertaynm' of straungers.

336 THE RECORDS OF THE COLONY OF

Joli Saunders & Jonathan Tliinge are appoynted as sergeant(^ to exercise
the company there.

Att a Court, hekl at Wells, by the aboue mentiond commissiono", the 5"' of
July, 1653.

The inhabitant^ of Saco, beinge by name pticularly called, made theire
appearances, accordinge to their suiuons, & those whose names are herevuder-
written acknowledged themselues subject to the gouernment of the Jlassa-
chusettt, as wittnes their hands, the 5* of July, 1653 : Thomas Williams,
Richard Hitchcocke, Eo'bt Booth, Joh West, W™ Seadlocke, James Gibbons,
Eich Cowman, Peter Hill, Christopher Hobbs, Tho Eogers, Ealph Tristram,
Henry Waddock, Tho Reading, Phillip Hinckson, George Barlow, Thomas
Hale.

The commission''^ judged it meete to gramit them to be fEfeemeu, Sz
accordingly gaiie them the fi'reemeus oath, which they tooke in open Court.

Whereas the towne of Saco hath acknowledged y^'selues subject to the
[*413.] goiim' of the Massachusetts *Bay, in New England, as by their subscriptions
may appeare, we, the commission''^ of the Gen" Court of the Massachusetts.,
for the settleing of gouernment amongst them, & the rest within the bounds
of their charter northerly, to the full & just extent of their line, haue thought
meet & doe actually graunt, —

1. That Saco shalbe a townshipp by it selfe, & alwayes shall be a pt of
Yorkesliire, & shall enjoy ptection, seq^uall act^ of favour & justice with the
rest of the people inhabiting on the south side of the Riuer of Piscataq., or
any other within the limitt^ of o' jmisdiction, & enjoy the p''uileges of a towne
as others of the jurisdiction haue & doe enjoy, w"' all other lifcties & priui-
ledges to other inhabitant^ in o"" jiuisdiction. 2. 2'-''. That euery inhabitant shall
haue & enjoy all their just proprieties, titles, & intrest^ in the howses & lauds
which they doe posses, whether by gi-aunt from the towne, jjossession, or of
the former Gen" Coru-t^. 3. 3'y. That all the ^sent inhabitant^ of Saco shalbe
fFreemen of the countiy, & haiung taken the oath of ffreemen, shall haue littie
to giue theii- votes for the election of GoQuo'', Assistant^, & other generall
officers of the countiy.

4. That the sd towne shall haue tlu-cc men approued of by the County
Court, fi'om ycare to ycarc, to end small causes, as other the towushipps in
the jurisdiction hath, where no magistrate is, according to law, & for this
Psent yeaie ISI'' Thomas Williams, Rofct Booth, & John West are appoynted
<Jc authorized coiuissiono'''* to end small causes vndcr forty shilling^, according
to law ; & fiu-ther, these coiiiissiono''', or anv two of v™, aiT & shalbe im-

THE MASSACHUSETTS BAY IN NEW ENGLAND. 337

powered & invested w"" full jjower & authoritie as a magistrate to kccpe the
peace, & in all ciuill cases to graunt atatchment^ & execution^. If neede
requu-e, any of the sd commissiono" haue power to examine offendo''s, to
committ to prison, vnles bayle be giuen, accordinge to law ; & Avhen "these or
any of these shall judge needfull, they shall haue power to bind offenders to
the peace, or good behavio'' ; also, any of those commissiono" haue power to
administer oathes, according to law ; also, mariage shalbe solemnized by any of
them, according to law.

It is fiu'ther ordred, for this j^seut yeare, that the foresd commission"
shalbe the select men to order the prudentiall affayres of the towne of
Saco for this ^sent yeare ; & they tooke their respectiue oath^, as commis-
sion" or associates vsed to doe.

•Lastly. It is graunted, that the inhabitants of Saco shalbe, from thne to [*41-1.]
time, exempted from all publicke rates, & that they shall alwayes beare theire
owne charges of the Courts, &6, arising from among themselues.

Ralph Tristram was appoynted constable there, & tooke his oath.

W"" Scadlocke was appoynted a graund jury man for this yeare, & tooke
his oath; also, he was appoynted clearke of the writt^.

Eichard Hitchcocke was appoynted and authorized as a sergent to exer-
cise the souldlers at Saco.

The comission''* being informed y' John Smyth, of Saco, is necessaryly
detayned from coming to yeeld his subjection to this gouerment, & that it is
his desire to subject himselfe, they do graunt, y' on his acknowledgment of
his subjection, any two of the commission'^ at Saco, may, & hereby haue,
libertie to giue the oath of a freema.

The like liberty, on the like termes, is graunted to the commission''* at
Wells to administer the like oath to Richard Ball, Rich Moore, John Elson,
Arthur Wormstall, & Edward Clarke.

The commissiono", being informed that Saco is destitute of a good
minister, which is much desii-ed, that all due care be taken to atayne the
same, &, in the meane time, y' peac may be preserued, they doe declai-e &
order, that Robt Booth shall haue liberty to exercise his guifts for the edifi-
catio of the people there.

Seuerall of the inhabltant(^ complayniug y' Georg Barlow is a distiub-
ance to the place, the commission" thought meete to forbid the id Georg
Barlow any more publickly to preach or prophesie, vnder the poenalty of ten
pounds for euery offence.

It is ortked, that the inhabitants;^ of Wells, Saco, & Cape Porpus shall
make sufficient high waves w"'in their lownt^. from bowse to bowse, cleere, &

VOL. III. 43

538 THE RECORDS OF THE COLONY OF

1653. fitt for foot & cart, before the next Coui-t of y' county, vnder the poenalty of
"^ "" ten pounds for euery townes defect in this pticuler ; & y' they lay out a
sufficyent high way for horse & foot betweene towne & towne w'4n that
time.

Att a Court, held a Wells, the 5"^ of July, 1653, by the aboue men-
tioned coiTiission''*', the inhabitant^ of Cape Porpus were called, «& made their
appearances, according to their summons, & aclinowledge themselues to the
goQraent of y*" Massachusetts, as followes : —

We, whose names are vnder written, doe acknowledge o'selues sub-
ject to the gouerment of the Massachusetts, as wittnes o' hands : Moi-gan
Howell, Griffin Montague, Steuen Batson, Joh Cole, Christopher Sparrill,
[*415.] *John Baker, Gregory Jeoffries, Symon Trott, Thomas Warner, W" ReynoUs,
Peter Turbat, Ambrose Bury.

To these aboue mentioned also the commission'''' graunted they should
be ifreemen, &, in open Court, gaue them y'' ft'reemans oath. And, fFurther,
whereas the towne of Cape Porpus hath acknowledged themselues subject
to the gouernment of the Massachusetts Bay, in New England, as by their
subscriptions may appear, we, the coinission" of the Generall Court of the
Massachusetts, for the settleing of goQtn' amongst them, & the rest w"'in the
bounds of their charter northerly, to the full & just extent of their line, haue
thought meete, & doe actually graunt, that Cape Porpus shalbe a townshipp
by it selfe, & alwayes shalbe a pt of Yorkeshire, & shall enjoy sequall ptection,
acts °f favour, & justice with the rest of the people inhabiting on y" south
side of the Riuer Pascataq., or any others w"'in y^ limittS of o' jurisdiction, &
enjoy the priuiledges of a towne, as others of the jurisdiction haue & doe
enjoy, w* all other liberties & priuiledges graunted to otlier inhabitant in o"^
jurisdiction.

2. That euery inhabitant shall lume & enjoy all their just proprieties,
titles, & iutrcsts in the bowses & lands w''' they doe possess, whether by
graunt of the towne, possessio, or of the former Generall CourtS-

3. That all the inhabitants of Cape Porpus shalbe freemen of the coun-
try, & hauiug taken the oath of ftreemen, shall haue libtie to giue their votes
for the election of Goucrno'-', Assistants, & other genei-all officers of y°
country.

!Morgan Howell, of Cape Porpus, did acknowledge himself bound in fifty
pounds to the Treasurer of the country, on this condition, that he will prose-
cute his action ag' Joh Baker at the next County Court, to be held at York.

(hegory JeofFryes was chosen giaiuid jury man there for one yeare, &
tooke his oath accordingly.

THE jMASSACHUSETTS BAY IN NEW p]NGLAND. 339

W'" Eeynolds is allowed to keep a fFeny at Kennybunck, & to liaue 1G53.
threepence a passenger. ^ '

111 I't September.

Griffin JNlontague -was chosen & swornc ciinstable there.

Capt Nicholas Shapleigh was chosen Treasurer for the county of York,
& is allowed.

Signed hy Kichard Bclingham, Dep' GoQ, Daniel Dcnison, Edward
Rawson.

The Generall Court, having viewed this returne of the commission""^ that
■went to Wells, Saco, & Cape Porpus, doe approue thereof, & order, that due
& harty thankes be rendred them by tliis Court for their payues & service
therein, & shalbe willing & ready *to make them fui-ther satisfaction, in the [*416''.]
graunt of some lands to each of them respectiuely, when any shalbe |>>sented.

The Generall Court, after their returne, & on the pvseall hereof, did order,
that in case of any warr, they of the county of Yorke should beare theire pro-
portion of charge aequall to & with ourselues.

Graunted to M'' Bradstreet & M' Symonds 500 acors of land a peece, to M'Bradst:
be layd to them when they shall ^sent a place, according to law, in refference ^'^*"" '
to service done at Yorke & Kettery.

*Att a Generall Court of Election, held at Boston, the 3" of the -3'' 1 G 5 4
Mo'\ 1654. "

Chosen : —

Richard Bellingham, Esc|>, GoQno''.
John Endecott, Es^, Dept GoQno''.

Assistant^: Increase Nowell, Gent,
Symon Bradstreet, Gent,
Samuel Symonds, Gent,
William Ilibbens, Gent,
Capt Rofet Bridges, Gent,
Capt Thomas Wiggan, Gen?,
Capt Daniel Gookin, Gent,
Majo'' Daniel Denison, Gen?,
Majo"' Symon Willard, Gent,
Capt Humphrey Atherton, Gen?.

Symon Bradstreet, Gent, T . .

/■I r ftT,n XT ^v, r Commissiono'"'

Capt W'" Hawthorne, J

3 May.

340 THE RECORDS OF THE COLONY OF

3 May.

1654. • M"' Eichard Russell, Treasurer.

M' Edward Rawson, Secritary.

Edward Gibbons, Escp, Majo'^ Gen".

The names of the Dept : —

Salem : Capt W" Hathorne, M'' W" Browne.

Charlstownc : M"' Richard Russell, Capt Era Norton.

Dorchester : Lieut Roger Clapp, INI^ John Wiswell.

Boston : Capt Tho Sauage, Capt Tho Clarke.

Roxbuiy : ISI'' W"' Parkes, ISI-' Phillip Eliott.

Waterto" : JM"" Rich Browne, M'' Ephraim Child.

Lyn : James Axey.

Cambridge : M"" Edward Collens, jNI'' Edward Jackson.

Ipswitch : M'^ George Gittens, M"' Joseph iMetcalfe.

NcAvbery : M"" Joh Saunders.

Waymouth : Thomas Dyer.

Hingha : Capt Joshua Hubbard, Ensigne Jef Howchen.

Concord : Thomas Brookes.

Dedham : Capt Eliazur Lusher.

Salsbury : ]\P Thomas Masey.

Hampton : M"^ Anthony Stanion.

Rowley : M'' Joseph Jewett, Maximilian Jewett.

Sudbury : M'' Edmund Rice.

Brauntry : Samuel Bass.

Doner : Cajjt Richard AValden.

Portsmouth : Capt Briant Pendleton, M'' Valentine Hill.

Wooburne : Capt Edward Johnson.

Wenham : M'' Charles Gott.

Hauerill: M'^ John Clement(^.

Maldon : ISI'' Joseph Hills.

Kettery : Lieut John Wincoll.

Yorke : M"" Edward Ryshworth.

"Wells : JNl"' Hugh Gunison.

'« RICHARD RUSSELL was chosen Speaker for the Howse of Depu-

tyes for this fsent session.

W"' Torrey was chosen Clarke to the Howse of Deputyes for this years

ensuiugc, for which he is to haue the sum of sixteene pounds p aiium, to be

payd him yearly by the Treasurer.

[*417.] *For the better settlinge of all county charges & pfitt^, that all complaynt(_

County in that kind may be remoued, it is ordred by this Coiui & the authoritie

pfittt thereof, L First, that the recorder or clarke of any County Court within this

* '^^"s"''''"- jurisdiction shall enter in a booke of ace"' for that county all the dues arising

THE MASSACHUSETTS BAY IN NEW ENGLAND. 341

■within the cognizance of that County Coiu't, by entring of" actions, fines, or
otherwise, & also a true acc° of all the expenc^ of the Court, & the ffees of
the officers.

2. That all magistrates & commissionn'' that haue power to impose fines
within the limitt^ of their respectiue countyes & townes shall giue warrent vnto
the marshall of that coimty, or cunstable of that towne, where such magistrate,
or comission"', or delinquent shall reside, to leuie such fines as shalbe so imposed,
who shall also faythfuUy pay in the same to that county Treasui-er, & likewise
that such magistrate & coinissiono'' shall also giue in a true transcript of all
such fines as they shall, accordinge to the power committed to them, impose
vppon, to the cleai-ke of such County Couit fiom time to time, that so there
may be a true acc° kept of all the pfitt^ & expences arising w"'in the county.

3. Tliat the freemen of each county shall chuse a Treasurer for that county.

4. That the clarke of euery County Court, within ifoorteene days after
euery Court, shall deliuer to the Treasurer of the county a true transcript, out
of his booke, of all fines & dues payable to the county.

5. That all the charges of County Coui-t^ & shire coinission''^ w"" all
other peculiar county charges, (except the twenty pounds due to the majo"^ of
the county, for the yeare of his publicke exercise, which is abeady pvided
for,) shalbe pd by the county Treasiu-er. 6. 6*. That the county Treasurer
shall once eily yeare Jpisent his ace" to the County Court, & if there be not
enough in his hand to satisfy the chai-ges afibresd peculiar- to the county, the
County Court shall giue him a warrent for the le\'ying the areares of the
county vppon the whole countj"^, by a coimty rate to be leuied vpon each
towne & pson, except such as ai-e rate free, in ^portion w"" the country rate
next before goeiug, & to be gathered by the cunstable of each towne, who is
hereby enjoyned to attend the same.

7. That all fines & dues any otherwise arisinge -ndthin the cognizail of the
General Coui-t or Court^of Assistant^, the secritai-y or clarke of the Court
shall in like manner returne a true transcript thereof to the auditor gen", to be
payd into the coimtry Treasui-er.

8. That the country Treasm-er shall satisfy all the charges arising within
the cognizance of the Gen" Couit & Court^^ of ^ that is not yet determined
by any former law.

9. That euery Treasui-er, whether for the country or coiuity, *within one [*418.]
weeke after a receit of a transcript of any fine or pcenalty payable to liis office,

shall direct his warrent to the marshall of that county, or any cunstable, for
the levyinge thereof.

10. That no officer, whether secritary, treasurer, recorder, marshall, or

342 THE RECORDS OP THE COLONY OF

constable, neglect his duty hereby enjoyned, vppon poenalty of makeinge good
of all the damage that shall come thereby.

11. That the country Treasurer & each county Treasui-er, for his paynes
& service in collecting & payinge in their respectiue places, shalbe rate fi-ee both
in country & countiy rates, & take one shilling in the pounde for all fines
receiued by him, & that all & euery the Treasiu-ers of each county shalbe
chosen anually by the ffreemen of the respectiue countyes vppon the last third
day in the fourth mo"", from time to time, in their seilall townes w"'in this
juiisdictio, & that by proxie sealed vp, as is vsueall in the choyce of other
officers, & that the sd proxies so sealed vp shalbe sent by a coinissiou'' chosen
for that end to each shire towne the next day followinge, there to be opened
before some magistrate, if dwelHng there, or, in deflect thereof, before the three
comission""* for the sd towne, who shall & hereby are enjoyned to signifie to
the seQall townes who is chosen.
Printing of It is ordered by this Court, that henceforth the secrltary shall, w"'in ten

'rice one en- ^^'<^y^^ ^^^^t after this pscnt session, & so from time to time, deliuer a coppie
ly a sheet. of all lawcs that are to be published vnto the ^sident or printer, who shall
forthw"" make an impression thereof to the nomber of fiue, six, or seucn hun-
dred, as the Court shall order ; all which coppies the Treasurer shall take off,
& pay for in wheate or otherwise to content for the number of fiue hundred,
after the rate of one penny a sheete, or 8'' a hundred, for fiue hundred sheetes
of a sort, for so many sheetes as the booke shall contayne ; & the Treasurer
shall distribute the bookes, to euery magistrate one, to euery Court one, to
each to^\•ne where no magistrate dwells one, & the rest amongst the townes
that beare publlcke charge w"' the jurisdiction, according to the number of
ffreeme in each towne ; & the order that engages the secritary to transcribe
coppies for the townes is in that respect repealed ; & it is further ordred,
that the secrltary be allowed ten pounds for this ^sent yeare only, in respect of
w' benefit is hereby withdrawne from him ; and it is also further ordered, that
M' Samuel Symonds, Majo"^ Dcnison, & AP Joseph Hills shall examine, com-
pare, reconcile, & place together in good order all former lawes, both printed
[*419.] & written, & make fitt titles & tables for ready recourse to any *pticuler con-
tayned in them, & to psent the same to the next Court of Election to be
considered of, that so order may be taken for the printing of the same in one
Dooke, whereby they may be more useful! then now they are or can be.
i.ccount3 au- There being a committee appoynted the last yeai-e for the auditing of the

Treasurers acc°, which is not yet effected by reason the eunstables of the
seQall townes haue not yet cleared theii-e respectiue rates, it^ therefore ordred,
that further time shalbe giuen for auditing the sd account^, vntill what

THE MASSACHUSETTS BAY IN NEW ENGLAND. 343

is yet remayuing from the country be brought in, pvidcd it be done before 1 G 5 4.
the next session of this Court, & a due returne made of the same at their next ^ '

3 May.

sitting.

'\'^ppou observation of many & great incouveniencyes by this Court^ Petitions, time
taking in of petitions, which are psented from time to time, not only in the
beglning, but often towards the close of the Court, it is therefore ordered by
this Coui-t, that from henceforth no petition whatsoeQ shalbe receiued into
the Generall Court after the first fower dayes of y^ Court of Election, nor
after the first weeke of all other sessio from time to time, any law or custome
to the contrary notw^'standinge.

Whereas experience hath manifested som inconveniency in the interp>ta- Appeaies certi-
tion of the law, title Appeales, the 2* printed book, pag (1), wherein it is
expressed that all appeales shalbe accoumpted in the nature of a writt of
error, which is vnderstood to the revokeing of the whole judgm' of the former
Court, though but a pt of it only be found defectiue, & so thereby a pson
& case which, in respect of the substance of it, is just & in itselfe righteous,
«S: in the ap^hentions of the judges appealed to doth so appeare, yet may be
cast & condemned, & the nocent ptly aquited, to the dishono"^ of Gd, re-
proach of justice, grieuing the innocent, «&: encouraging wrong doers, the
Court doth therfore order y' in all cases of appeales the Court appealed vnto
shall judge the case according to former evidence, & no other, certefying what
is amisse therein, & what matter of fiict is found to agree w''' the former
Court & the judgm', according to law ; not to revoake the decree or judg-
ment, but to abate or increase dammages, as is apphended to be just, any
law, custome, vseage to the contrary notw^'standingo.

Forasmuch as dayly experience tells vs that the pceeding^ of this Court cases to be
are obstructed constantly through the introduceinge of pticuler cases of a ^ " ^ '
private nature, the worke of this Court being more proply to attend matters
of a more publiq, concernment, this Court doth therefore order, that no Court
shall transferre the cases cominge before them, prop to the cognizance of such
a Court, whither they af civil or criminall ; *but if there be difficulty in any [*420.1
case, the Court shall state the question, leauing out the ptyes names, & bring
it to the Generall Court, where it may be resolued, & the Court or Courts
that shall so state difficult cases shall suspend their judgment of the case till
the Court doth nieete agayne, which Court, vppon the resolution of the Gen-
erall Court, may pceede to judgment or sentence.

Forasmuch as it greatly conccrnes the welfare of this country that tlic .sihoole mas-
youth thereof be educated, not only in good literature, but sound doctrine,
this Court doth therfore commend it to the serious consideration iJc speciall

344

THE RECORDS OF THE COLONY OF

Laws ex-
playned.

Courtf
changed.

[*421.]

care of the oQseers of the colledge, & the selectmen in the seuerall townes,
not to aclmitt or suffer any such to be contynued in the office or place of
teaching, educating, or instructing of youth or child, in the colledge or
schooles, that haue manifested y"selues vnsound in the fayth, or scandel-
ous in theire Hues, & not glueing due satisfaction according to the rules of
Christ.

Whereas, in the comissions for captajTies of troopes of horse, the cap-
tayne is subjected to the commaund of the m^or gen", & other superic
officei's, by superior officers, this Court declares, is to be vnderstood the
majors of the seuerall regiment^ in the respectiue countyes.

2. Vppon occasion of a question concerninge the power of the committee
of militia in the seuerall townes, constituted the 27 of the 3'^, 1652, i is by
this Court declared, that the committee of militia in the seQall townes hath
power to suppresse all raysinge or gathering of souldiers, but such as shalbe
by authoritie of this goilment.

It is ordered by this Court, that henceforth the Court dayes, at Charls-
towne, appoynted to be in the 11"" mo"', shalbe on the 3'^ day of the last
weeke in the lO"" mo"", from time' to time.

It^ ordred, that the Gofltf shall haue liberty to call a Gen" Court on
any speciall occasion, & the warrent^ to be dd to the marshall gen", who is
to deliQ them to the county marshalls, who are speedyly to effect it, at the
countys charg.

In answer to the petition of the inhabitant^ of Hampton, the Court doth
declare, though they are not willing to recall those vncomfortable differences
that formerly passed betwixt this Court & M'' Whelwright, concerning mat-
ters of religion or practise, nor do they know what M"' Rutherford or M''
"Wells hath charged him with, yet they judg meete to certifie, that M"^ Whel-
wright hath long since giuen such satisfaction, both to the Court & elders
generally, as that he is now, & so for many yeares hath bin, an officer in y*
church at Hampton, w*''in o' jurisdiction, & y', w"'out *offence to any, so far
as we know, & as we are informed, he hath bin a vsefull & pfitable instrument
of doinge much good in that church.

The Court, having reade & duely considered of the seQall ires & papers
Pscuted t© them, in reference to the prisemen, doe not judge meete to put a
finall issue to the case for ^sent, in regard they are in expectation of further
information on the same, both from England & Barbados, & doe therfore
judge, that vppon the tender of a thowsand pound apeece securitie, to such as
the IMagistrates shall appoynt, to answer what shalbe objected ag' them before
the counccll or (leu" Couit, Avhcn they shalbe therevnto required, they may

THE MASSACHUSETTS BAY IN. NEW ENGLAND. 345

then be ffieed from their imprisonment; this securitie to contyuue till this 10 54.
Coiu-t or the councell shall take further order therein. ' ^ ^

In answer to a petition, ^sented by M™ Stoughton, to be discharged Answ. to M'
from keeping a horse bridge oil Neponsit Riuer, the Court orders, that in Stoughto.
regard the riuer is hard, & passable for horse & cart to pas through, that the
pef be only injoyned to make & mayntayne a good foot bridge, with a good
rayle to it, oQ the id riuer, it shall suffice, notw"^standing any former ingagm'

Capt Edward Johnson, at the request of the inhabitant^ of Wooburne, Capt. Johuso
is appojiited to joyne in marriage there such as shalbe published according '"'' ^ '
to law.

Richard Thurley, havinge built a bridge, at his owne cost, ouer Newbery Answ.toThur-
Eiuer, hath liberty to take 2'^ for euery horse, cow, oxe, or any other great ^'''
cattle, as also one halfpeny a peece for euery hogg, sheep, or goat that shall
pass ouer the sd bridge, as long as he shall well & sufficyently repayre &
mapitapie the same, pvided that passengers shalbe free.

John Mauericke, prefering a pet for an order to make an estate good in Mauricks an-
a howse & land, bought of James Astwood, he being deceased, rec this answ:,
that the Court, on pvseall of the euidences in the case, finding that howeuer
the bill of sale runs in the name of James Astwood, yet, by evidence, it ap-
peai'es it was only in trust, thiuke meete to order & impower W" Phillipps to
cancell the deed, & that the recorder of the county shall reverse the record of
it ; & further, that TV" Phillipps, having bin payd for it, shall make a firme
deed of sale of the howse & land mentioned to John Mauerick & his heirs
for euer, according to law.

The Court cannot but deeply resent that so many psons, of seuerall ^.iisbury,
townes, conditions, & relations, should combine together to p>scnt such an vnjust l-enii^ & Ande-
& vm-easonable request as the revoakinge the sentence past the last Court Y<;' pet. answer,
agaynst Lieut Pike, & the restoreinge of him to his former libertie, without
any petition of his owne, or least acknowledgment of his great offence, fidly
proued *agaynst him, which was no less then defaminge this Courte, & char- [*422.]
ginge them with breach of oath, &c., which the petitiono" call, some words li-l
fall by occasion. The Court doth therefore order in this extraordinary casf,
that commissiono''^ be appojTited in the seuerall townes, viz', M"^ Bradstreet for
Andevour & Havei-ill, Capt Gerish & Nicholas Noyce for Ncwberjj, M"" Wins-
low & M"' Bradbury for Salsbury, & Capt Wiggan for Hampton, who shall haue
power to call the id petition''^ together, or so many of them at a time as they
shall thinke meete, & requii-e a reason of their vnjust request, & how they
came to be induced to subscribe the id petition, & so to make returne to tht'
next session, that y'' Court may consider further how to ^cede herein.

VOL. III. 44

346

THE KECOKDS OF THE COLONY OF

1G54.

3 May.
Watertowns
answer.

Gunisons case.

[•423.]

Pomfrctt to
marrj-.

15 May.
Powder.

There beinge a pet pferred by Cluistopher Graunt, of Watertowne, &
other the inhabitant^ there, as also another by the select men of the sd to-wno,
referringe to the settling of differences about land, -which this Court thinkes
meet to reffer, to be heard & examined by a comniitte, & to that end doth
appo}Tit Majo' Symon Willard, M' Edward Jackson, & Thomas Danforth, -who
who hereby haiie full power to settle the matters in diffrence bctweene the
ptyes concerned herein, & to make returue of the agreement to the next ses-
sion of this Court.

In answer to a petition of Hugh Gunison, & the case respecting him &
Capt Shapleigh, & the late Comt held at Yorke, it is ordered & hereby de-
clared, that all Hugh Gunisons goods shalbe retui-ned to him taken away by
execution or replevin at Capt Shapleighes sute, & the dammage & costs shalbe
made good according to the judgment of Capt Richard Walden, & M' Valen-
tine Hill, & if they cannot agree, they are to choose a thii'd man, & then to deter-
mine it ; & that any pson concerned in any ciuill action issued in the sd Court
shall haue libtie of apjieale as well as if it had bin made in Court, pvided they
giue in their reasons as the law requires, & giue six dayes suiuons to the ad-
verse pty, & all pcceding in criminall cases shall stand firme, equail to y-' ac*^
of all other Court^of judicatiu-e of like power, any exception made or to be made
ag* the sd Court, or the pceediug^ thereof, notw^'standiuge, & that the county
of York shall beare the chai-ges of y' Coiut.

In answer to the pet of Hugh Smyth & John Pickard conccrninge the
pbate of the will of Thomas Elthi'oppe, as also in reference to. another pet
concerninge the case, the Com-t orders, that altiiough the pbate of Avills be-
long^ to other Court^, yet in this case the pe? is graimted to thepsons named
in the id will, pvided they giue Secui-itie to this Court, that in reference to y°
power mencbd in the sd will, that the eldest soime *haue 28", & the thi-ee
youngest children 20", a peece, there beinge so much cleare estate remayninge
after the widdows 30", & all debts hitherto appearinge deducted ; but if the
cleai-e estate shall arise to more or fall short of 120" cleare, the state then
to be a;qually to be distributed amonge the fowcr chilcken.

William Mills beinge a non freeman, & puting in a vote for the Goiino'',
beinge vnder a fine of 10" for so doeinge, vj^pon his request to this Coiu-t,
hath halfe his sd fine remitted, viz', 5".

At the request of the towne of Dover, Lieut Pomfret is appoyuted to
joync in mariage such as shalbe published there accordinge to \x\v.

It is ordi-ed by tliis Court, that Boston shalbe allowed aiiually out of the
countiyes store one barrell of powder, which shalbe deliuerd to such as Majo'
Gen" Gibbons shall appoynt to recciuc it, so as they salute cucry ship y' salutes

THE MASSACHUSETTS BAY IN NEW ENGLAND. 347

tlie towne ; & lik-n-ise that Charlstowic eviery two yeares shall haue on the 1654.
same termes one bai-rell of powder delluered to such as Cap? Norton shall ap- "" ""

poynt to receiue it, pvided it be delivered according to order. May 15, 1650.

John Gray, having served as gunner at the Castle almost a yeai-e, is Graves answer.
allowed, for the time past, after the rate of 20" p aiium ; & for the future it
is left to the capt of the Castle to make agremcnt w"' a gunner, so y' it ex-
ceed not 20" p aiium.

At the request of Majo'' Deuisou, jM'' Joseph Jewett, Lieut Eeming-ton, Major Deni-
& Ensigne Hewlett, or any two of them, arc hereby empowred to lay out
600 acors of land to him or his assignes, being formerly graunted to him,
adjoyninge to the westerly bounds of Eowley.

Whereas !M'" AA"™ Pai-kes was ajipopited by a County Court to be admin- Parks his
istrato'' to the estate of James Astwood, (his wife refuseing the same,) did, by
order of the id Court, make sale (to pay the credito''^) of all the howses &
lands the sd James Astwood dyed here possessed of, now vjjpon his request to
this Court, it is ordred, that his id acts herein shalbe good in law, & is
hereby confirmed & allowed, which shalbe sufFycieil securitie to the pur-
chaser of such howses & lands as afforid.

John Euddock & his horse, being imployed by Capt Leuerett in his joui--
ney to the Manhatos, is to haue his bill of charges signed by the audito' and
pd by the Treasurer, pvided he make it appeare vnder the hand of Capt
Leueret or Lieut Davis what is due to him.

Vppon the request of John Hull, of Newbery, & Margrett, his wife, this
Court doth confirme & allow of the sale of a pcell of land at Watertowne,
somtimes in the possession of the id Margrett, vnto John White & his heu-es
for euer, the evidences being burned.

*The Court having receiued seuerall informations of many gross & [*424.]
abusiue cariages of Edward Colcord in a seeming way of fraude, which, if Coicords case,
proued as is tendred, ought to be duely & timely wittnessed agaynst, & meet
punishmt inflicted, & bee this Court would not be wanting in the vse of all
due meanes for the discouery of such vile practises, it is ordi-ed, that the
secritary shall forthw'" graunt out atatchm' ag' the id Edward Colcord, in the
some of fifty pounds, binding him to be respousall to the next County Court at
Hampton, for such his miscariages as is w"'in mentioned, & shalbe then
pved agaynst him for that end. This Court doth hereby appoynt & impower
the recorder for the County Court at Hampton, by warrent, to send for all
such ptyes as haue profered to prone the within mentioned abuses of Edward
Cxslcord, & such other as he shalbe informed off can come in & testifie ag'
him, and that Court to make retnrne to the next Court of Assistant^^ of

348

TIIE RECORDS OF THE COLONY OF

1G54.

15 May.
Jacobsons

CuUedso
guifte.

[*425.]

Powder.

Indians an-
swer.

what they shall find, that so justice may be administered in case that Court
cannot reach to due punishment.

It being put to the question whether the barke of Capt Jacobsons be for-
feited by o"^ law for trading with the Dutch, & not glueing caution to the
secritary vppon her sayliug from hence, which this Court resolucs in the afhi--
matiue.

Whereas it pleased the only Avise God, the fountayne of learninge & all
other o'^ libties & mercyes, to direct & dispose the Gen" Court, held at Boston, the
19"^ of tlie 8"* mo">, 1652, to mouc the breth & neighbours of the seuerall
townes in this jurisdiction to a free contribution, either in a gross som or
anuall revencw, as each pson contributelnge shall judge best for atayninge the
ends ppounded, & for the better effectinge the same, the Gen" Court were
pleased to direct that the townes should make choyce of one meete pson to
tal^e the subscriptions of each pson w*''in their respectiue townes, & that the
blessed God hath so farr shined vppon that designe as that many psons from
seQall, townes haue subscribed for seilall good sums, these are to signifie o'
requestf^to such townes as haue not made returne to the coinittee appoynted
to receiue the same, that they, or the select men of the towue, vp^wn sight
hereof, will appoynt one fitt pson in each towne to moiie the seflall inhab-
itant^, & to receiue theii- pticuler subscriptions, & to returne them to M'' Increase
Nowell before the first of the sixth mo"" next, that so a worke so pious &
pfitable be not discorraged or retarded ; & for such townes as haue made re-
turnes in order therevnto will please forthw**" so to state the same as that the
improuement thereof may be in a capacltle to answer the occasions of the
coUedgo, & that such psons in those townes as haue not contributed may, by
some meet pson appoynted by the select men, be mooed therevnto, that so the
■\\'orke may be effectually caried on to Gods glory.

*It is ordred by this Court, that if the seQall townes shall not, w^'in one
six weekes, send downe sufficient pay to the secritary for their seQall propor-
tions of powder out of this jurisdictions ^portion, now in his hands, to his
content, in wheat or pease, he shall haue liberty to sell it & place it to the
colonyes acco ; & that the secritary, w"^ the depu'^ of Boston & Charlstowne,
shall pportion what each towne shall haue.

Vppon the pet of M"" Eliott, in behalfe of the Indians, liberty is graimtcd
to the Indians at Nashop to make a towne there, the like liberty is graunted
to the Indians of Ogkoouhquonkam^ , being 8 miles west of Sudbury, as also
to the Indians of Hasnemesukoh, being about 16 miles west of Subiuy,
pvlded it doe not ]5>judice any former graunt(^, nor that they shall dispose of
it w"'out Icaue fist had & obtapied from this Court.

THE MASSACHUSETTS BAY IN NEW ENGLAND. 349

W"" Wake, being vnder a fine for lining from his wife, vppo his re- 16 54.
quest to tliis Court, hatli his fine abated to fine pounds, which he is forthw"" ' ^

to P'-^y- Wale™.

John Barrell & Richard Wayte, being sent as messengers to the Indians, Barreils ace-.
shalbe allowed three shillings p diem for their services, & John Whitman
shalbe allowed fewer shillinges a day for his paynes & vse of his horse ; &
that the audito' shall take notice of it, that so it may come to an account to
the rest of the colonyes.

This Coiu't orders Thomas Eobbins, who was to answer at the Gen" Robbins refcrd.
Court, coiiiitted to the marshall, to appeare at the County Court at Salem, to
be tried for his entertayning of two of the prise prisoners after their escape out
of Boston prison, for fine dayes, so as such obstructo''^ of justice may not be
encom-aged for futiu-e times.

In answer to the pe? of the inhabitant^ of Hauerill, the Court, on hearing Haverills an-
of both ptyes, doth order & appoynt Henry Short, of Newbery, Joseph Jew-
ett, of Rowley, & John Stebens,of Andevour, as a committee to view the
land, examine the Court^ graunt^ to Haverill & Salsbury, the agreement of
the townes, & the necessary occasions of both ptyes in reference to the land
menc8d in the petition, & to returne their apprehentions thereof to this
Court.

The Court, having pvsed the evidences & considered of the confession of Guns case.
Daniel Gun, a Scotsman, who was suspected to haue committed adultery w"'
Alee, the wife of John Cheater, of Newbery, doe not find the id Gun to be
guilty of the sd fact, according to law, yet judge him to be worthy of punish-
ment, & doe therefore order him to be whipt, -when he is capable of it ; &
because there is some hope of his cure, doe order, that Lunerius be imployd
about him, & satisfyed by the Treasurer for the ^sent, & afterwards be cast
on such as this Court shall determine, & contynue where he is till the chirur-
gion shall otherwise pvide a place for him. And the id Alee Cheater, not
being found guilty, accordinge to law, of the id fact, yet in regard of her'
vnchast behavio% is adjudged to be admonished, & to stand tyed to the whip-
ping post one hower, & be discharged, that she may repayre to her husband.

*In answer to the pet of Edward Gofi", for the paym* of one hundred [*426.]
pounds due to him by assignment fro the ^sident, w"* forbearance, its ordred, Edw. Goffs
that the Treasurer shall treat w"^ the petition'^, & audite the account^, &
accordingly shall giue satisfaction for so much as shalbe found justly due
to him.

James V'nderwood being fined 20", att Salem Court, for liuing from his Vnderwoods
>vife, vppon his petition, hath his fine respited vntill testemonyes be pduced in

350

THE RECORDS OP THE COLONY OP

15 May
Oatis answ.

Dorcas Halli
answer.

Pages

1 G 5 4. the County Coui't of Salem, who haue hereby power to release the fine, either
■'' ^ in whole or in pt, as the justice of the case shall require.

In answer to the petition of John Oatis for remittra' of a fine impose.d
on him, thef Court thiukes meete to graunt his request, except thirty shilling^,
twenty whereof to belonge to the country, & ten to the constable, so- as the
petition'', on a Lords day. after exercise, or on some publicke assembling of
the congregation, make like full acknowledgment of his miscariage, as he hath
in this petition, by word or writing, or else shall pay, within one six weekes,
fine pounds, as a fine, to the country.

In answer to the petition of Dorcas Hall for a divorce from her husband,
John Hall, it being fully proued that he hath voluntaryly w"*drawne himselfe
from his wife, & continues in his obstinate refusall to cohabite w*"^ her, & hath
broken the bands of wedlocke, as doth appeare by his owne confession, as also
attested by M' W" Coddington, M"' W"" Jeoffrys, & the oath of Lawrence
Turner, the Court orders, that the sd Dorcas shalbe, & hereby is, declared
that she is legally divorced from the sd John Hall, & is at her Hberty to marry
yyOx j^jjy othcr Yiwa.

In answer to the petition of W™ Page, of Watertowne, for assureance of
land, it is ordered, that a deed of sale be made, accordinge to law, of the
land exprest in the pe?, & that George Parkhust & Susana, his wife, be in-
joyned to signe & acknowledge the same, & that the sd deede be recorded,
which done, shalbe a sufFycient assm-eance to y* peto''.

Lawrence Smyth, complayninge of some injuryes offred him in respect
of his apprentise taken from him, hath his libtye to bring his case to the
County Court or Court of Assistant^, if he please.

Whereas this Court hath graunted vnto M"' Samuel Symonds fine hun-
dred acors of land the last yeare, & 300 formJly, with pviso to set vpp a saw-
mill within seven yeares, as by the records of this Court doth appeare, *power
is hereby giuen to John Gage, Robt Lord, John Dane, & M"" Daniel Epps, or
any two of them, to lay out y^ same in some free place beyond the Eiuer of
Merimacke, pvided no pt thereof shalbe w^'in fine miles of the meeting howse
of Exeter. And if the id M' Symonds shall desire rather to haue this land
layd out by or neere Majo'' Denisons land, which this Court hath ordred to be
layd out by Ensigne Howlet, M' Joseph Jewett, & Lieut Keiuington, power
is hereby giuen to the sd coiiiissiono" to lay out his full quantytie there, or so
much of it as he thinkes meete ; & this Court takes offe the pviso concerning
y sawmill.

In answer to a petition from the inhabitants^ of Rowley concerningc the
boimds of their towne, its ordred, that the petition", as also the inhabitant^

M' Symonds
land, &C.

[*427.]

THE MASSACHUSETTS BAY IX NEW ENGLAND. 35I

of Newbeiy, should attend the Court order concerning panibulution, wherein
if the ptyes concerned agree not, then the jStyes greived may releiue them-
selues at a County Couj-t.

Anthony Fisher, being vnder a fine for neglecting to bring in the votes Fishers fine,
of their freemen, hath his fine abated to 20".

In answer to the pet of the inhabitant^ of Lancaster, they haue the Lancasters lib-
libties of a township grauuted to them, that the lawes allow, vntill this Gen"
Court take further order therein ; and that Lieut Goodenow & Tho Danforth
lay out the bounds of the sd towne, according to y° Court^ graunt, at the
townes charge, & make returne thereof at the next Court of Election.

In answer to the pet of Mahalaliell Muuinges, attui-ney for his father, Munninges
Edmund ]SIuning(^, the Court orders, that ^ wharfe of George Halswells, with ''"^^"
all the right^& priviledges therevnto belonginge, shalbe deliuered into the
hands of the sd Mahalaliell Muning(_ by the marshall, vntill the whole execu-
tion of thirty seven pounds odd money be fully satisfyed out of tlie pfitt^ of
the id wharfe, together w"' all damages & forbearance, according to law, or
the sd Halswell shall take some other way for the satisfaction of the debt.

Vppon complaynt made to this Court of some loss that was vppon corne Losses of con-
collected for publicke service, but affterward was retiu-ned to the owners, the
Court ordred, that each' towne should beare their owne loss, & the select men
in euery towne are to act herein, so that the pportion of loss & charge may be
equally h(A-ne by pticuler psons.

*In answer to the complaynt of Rofct Lord, marshall of Ipswich, jpsented [*428.]
to this Court in reference to the levying of an execution, graunted at Ipswich Contradicen-
Court, to M"' Joh Giffard, ag' the estate of M"^ Joh Becks & Company, of the nor, M' Now-
iron works, it being put to the question, whether the id Lord did {)ceed ^^' '^''''
legally in le^yinge the psouall estate of M"' Henry Webb, of Boston, by Bridges, Capt.
vertue of his execution, & voted by the Deputies in the affirmatiue, but the Gookin,'capt.
Magists not consentinge, the whole Court, vetoing together, did determine & * ^"^u'c^'t

resolue as afforeid. Savage, Roger

. Clapp, Tlio.

The Court, vppon a hearmgc of the case betweene Robt Lord, marshall, Macey, Rich.
& M'' Henry Webb, vppon the quest, whether M"^ Webb be such an owner or ui°]^orth 'm»
vndertaker of the iron w^orkes as makes his pson or psonall estate lyable to ^''''<*' ^^°

Parkes, Capt.

the judgm' of Ipswich Court ag' the id owners or vndertakers, the Court Clark.
resolued on the negatiuc.

The commission of M' Pinclion, 'M'' Holiocke, and JI' Chapin beinge 2.5 June.

Springfeild
coiiUssiou'".

that the sd M'' Joh Pinchon, M' Elizur Holiocke, & M' Samuel Chapin shalbe,
& hereby are, impowred as coinissiono" to act at Springfeild, according to the

352 THE EECORDS OF THE COLONY OP

1 G 5 -i. coiiiission formerly graunted by this Court to M"" Henry Smyth, in May, 1651,
" '^ ^ they takeinge the oath appoynted formerly by the Court in the yeare 1652, at
some publicke mcetinge of (at least) ten of their inhabitant^ of Springfeild,
aftbresd ; and this their coiviission to contynue till the Comt take further
order therein. Dated 25 : 4, 1654.
M'Dunsteis In answer to a writinge, ^sentcd to this Court by M'' Hem-y Dunster,

resignation. .^yherein, amongst other thinges therein contajTied, he is pleased to make a
resignation of his jjlace, as pisident, this Court doth order, that it shalbe left
to the care & discretion of the ouerseers of the colledge to make provision, in
case he psist in his resolution more then one moneth, (& informe the ouer-
seers,) for some meete pson to carry an end that worke for the ^sent, & also to
act in whateuer necessitie shall call for, vntill the next session of this Court,
when we shalbe better enabled to settle what shalbe needfuU in all respects in
refference to the colledge, & y' the sd ouerseers wilbe pleased to make returne
to this Court at that time of what they shall doe herein.

[*429\] *Bosto», the (il), 9, 1634.

ovem er. rpj^^ Deputies assembled in Generall Court to attend the occasions of

the country, & goeinge to the place where 0=^ hono"''^ Magistrates sate, there to
ti'eat off & conclude such thinges as we judged of high concernment to the
country, both in reference to the gen'^ & some psons in pticuler, find that so
Court ad- many of o'' bono"''! magis^s haue taken libertie to depart from th^Court that

the remaynder left are not a sufficyent number to keepe a Court accordinge to
o' owne lawes, which is greatly to o'' greife, that those whom both we & o"^
freemen doe expect should be o'" leaders, & haue most naturall care for the
publicke good, should so farrc neglect their trust ; we doe therefore declai-e
o' selues to be no pcurers hereof, but, to o"^ greife, are forced thus to declare
o"' selues, which we desire may ly vppon record for the clearing of o'' selues,
& doe therefore desire that this Court may be adjourned vntill the last third
day in the last mo'^' next.

Whereas it is judged most comly, convenient, & conduceablc to the dis-
patch of publicke service, that the Dejiutyes of y'' Gen" Court should dyett
together, especially at dynner, it is therfore ordred, that the Deputyes of the
Gen" Court, the next ensuing yeare, viz', 1655, shall all be pvided for at
the Shipp Tauerne, at Boston, in- respect of dynner, & y' they shall all accord-
ingly dyne together, & that Lieu? Phillips, the keeper of the 5d taverne,
shalbe payd for y* same by the Treasurer for the tyme being, by discounting
the same in the custome of wyne payable by the id Lieut I'hillipps, & that

journed.

THE MASSACHUSETTS BAY IN NEW ENGLAND.

353

the Treasurer shalbe repayd by the seflall townes, according to the charges of 16 54.
their respectiue deputies, with their next country rate, & In the same kind * ^ '
of payment ; and it is further ordered, for the jJvention of vnsettlednes & other ""^^ ^'
distractions for the future, that the Deputyes of the Gen" Court shall yearly,
& eQy yeare, from tyme to tyme, before the disolueing of the last session
thereof, accordingly take some effectuall course in this case in such sort as
to themselues shall seeme best, that the Depu? of the next succeeding Court
may not be occasioned to seeke theire own settlem' in this case, & so retard
publick service ; & its fiuther ordi-ed, that the Deputyes shall giue notice
hereof to the Depu'^ that shalbe chosen for the succeeding yeare from time to
time. This is past as an order respecting the Howse of Dept.

W" TORREY, Cleric.

*An agreement made with Lieu? Phillips by the Depu?s now assembled [*429''.]
in Gen" Court, that the Dep"^' of the next Court of Election shall sitt in the ^2 November.
new coiu't chamber, & be dyeted w**" breakfast, dynner, & supper, w"" wine,
& beere betweene meales, w*'' fire & beds, at the rate of thi-ee shillings p day,
so many as take all their dyet as afibresd at the id howse, but such as only
dyne, & not supp, to pay eyghteen pence for their dynners with wine, &
beere betwixt meales ; but by wine is intended a cupp each man at dynner &
supp, & no more. 13 : 9, 1654.

Lieut Phillips did accept of this, & agreed thereto, w"* this j)viso, that
only such as had all theii- dyet there should haue beere betweene meales, &
also that vppon extraordinary occasion he might haue the yse of the great
court chamber.

Subscribed by W*' PHILLIPS.

*Att a Generall Court of Election, held att Boston, the two and [*430.]

twentyeth of August, 1654.

22 August.

IT is ordred by this Court & authoritie thereof, that no inhabitant of this Money not ex-
jurisdiction or stranger shall from henceforth send, carry, or transport out ^°' ^ '
of this jurisdiction, by sea or land, dii-ectly or indu-ectly, any of the money that
hath bin or shalbe coyned within this jurisdiction, except twenty shilling^ for
necessary expences, on penalty of confiscation, not only of such money so
coyned, but also all the visible estate of him that shall any way be found
VOL. III. 45

354

THE RECORDS OF THE COLONY OF

sending or exportinge any of the coyne afforesd, one third whereof shalbe to
the vse of the informer & officer, the other two thirds to the countiy ; & that
this law may be duely observed & executed, Peter Oliuer & John Barrell for
Boston, Jacob Greene for Charlstowne, George "Williams & Samuel Archer
for Salem, Eobt Lord for Ipswich, Henry Eice for Sudbury, Henry Sherburne
for Pascataque, Hercules Huukins for the He of Shoales, are hereby appoynted
& authorized as searchers to examine & search all psons, vessels, pack^,
trunkes, chests, boxes, or the like, that shalbe transporting out of this juris-
diction, & finding any money, shall seize the same, & forthw"' informe the next
magistrate thereof, who shall issue out his warrents for the ^sent seizure
of the whole visible estate of the pty so transportinge contrary to this law,
for the vse of the common wealth, & for the ptyes searching & informinge, as
is aboue exprest ; & tis further declared, that all such masters, marino^% or
other psons that shalbe found to be privie or consentinge to the exportinge of
any of the coyne afforeid out of tliis jurisdiction, he or they shall for eueiy
such offence forfeit the sume of twenty pounds apeece, to be payd to the vses
afforeid ; & the seuerall searchers shall take the oath appojTited for searchers
in the printed booke, only, in stead of halfe, a third pt to be iucerted, and
in stead of certifying the auditor gen^^ to incert, to certifie the next
magistrate.

For cxi^lanation of the order concerning payment^, it is by this Court
ordied & declared, that all contract^ or engagement^ for mony, corne, chat-
ties, or ffish shalbe satisfied in kind accordinge to couenant, or in default of
the very kind contracted for, in one of the id kinds ; provided, that in such
Contracts to be cases, wherein payment in kind is not made according to covenant, all just
damages shalbe satisfied, together with the debt for not payinge in kind ac-
cordinge to bargan; & in no case shall any creditor be forced to take any
other coiSodities for satisfaction of his debt, vnles it be accordinge to his con-
tract ; but it shalbe lawfull for such credito' to imprison the ptie till he make
satisfaction accordinge to covenant, or to take vppon execution such goods,
howses, or lands, as shalbe to Ms satisfaction, any law, custome, or vseage to
the contrary notw"*standinge.

*It is ordi-ed by tliis Comt, that the law made in May, 1653, pliibitinge
trade with the Dutch, be henceforth repealed.

Forasmuch as it higlily tends to the advauncment of the gospell that the
ministeiy thereof be comfortably mayntayned, & it belnge the dutie of the
ciuill power to vse all lawfull meanes for the atayninge of that end, and that
henceforth there may be established a settled & incom-aginge maintenance of
muiistcrs in all towncs & congregation w^^in this jurisdiction, this Comt doth

Payments i

[*431.]

Free trade.

Ministers
mayntenance.

THE MASSACHUSETTS BAY IN NEW ENGLAND. 3§g_^

order that the County Coiut in eueiy shiie shall (vpi)on information giucn (iQ 5
them of any defect of any congregation or townshipp within the shire) order '"'' ^f "^
& appoynt what mayntenance shalbe allowed to the ministers of that place, contradic
and shall issue out wai-rents to the select men to assesse, & the constable of M'Jos. Hills,

Capt. Clark,

the id towne to collect, the same, & distreine the 5d assessment vppon such as M' Macey,
shall refuse to pay ,• and it is hereby declared to be o"^ intentions that an hon- ' '^'"°"-
ourable allowance be made to the ministeiy respecting the abilitie of the ^ ; &
If the townes shall find themselues bmihened by the assessment of the County
Court, they may complayne to this Court, which shall at all times be ready to
giue just releife to all men.

Forasmuch as it ajjpearcs by too much experience that diucrs chikben & Youths to be
serYant^ doe beliaue themselues too disrespectiuely, disobediently, & disorderly- f "^behaviour
towai-ds thcii- pai-ent^, masters, & goiierno", to the disturbance of families, i^
discouragment of such parents & gofluo'^ for the ready ^vention whereof it
is ordered by this Couit «S: the authoritie thereof, that it shall henceforth be in
the power of any one magistrate, by wai-rent directed to the constable of that
towne where such offender dwells, vppon complaynt, to call before him any
such offender, & vppon conviction of such misdenieaners, to sentence him or
them to endui-e such corporall punishment by wliipiug, or otherwise, as in liis
judgment the meritt of the fact shall deserue, not exceeding ten stripes for
one offence, or bind the offender to appeai-e at the next Court of that county ;
& fm-ther, it is also ordred, that the commissiono" for the towne of Boston, &
the three commissiono™ for townes where no magistrate dwells, shall haue
the like power, pvided the pson or psons so sentenced shall hauc libertie to
make theii- legall appeale to the next County Coiut, if they dcske it, in any
of these cases.

It is ordred, that no pson witliin tliis jurischction shall, directly or iudi- j>oiiibjtion of
rectly, after the first of Mai-ch next, import any malt into tliis jurischction ^f^ted°*
from any pt of Em-ope, or shall buy or receiue any brought in by any for-
reiner from the pts afibresd, vnder the pcenalty of one shilling for euei-)'
bushell that shalbe so imported, bought, or receiued, the one halfe to the in-
former, the other halfe to the common treasui-y.

*Whereas this counti-y is at this time in great streyghts in respect of p*432.]
clothing, & the most liklyest way tendinge to supply in that respect is thc(NoslieeEeex-
raysing & keepinge of sheep within o'' jurisdiction, it is therfore ordi-ed &
enacted by this Court & the authoritie thereof, that, after the publication
hereof, no pson or psons whatsoeuer shall transport any ewes or ewe lambs
out of this jui-isdiction to any forraigne port or place, vppon the penaltie of
the forfeiture of fine pounds for euery ewe or ewe lambe so transported, the

356 THE RECORDS OP THE COLONY OF

one fourth ptto the informer, the other tliree parts to the country ; pvided, this
order shall not hinder the sellinge of such sheepe to any of the other colonyes
in confoederatio with ys, they, vppon due notice giuen by o'' comissiono",
makinge a law to this purpose, to restrayne the transportrage of sheepe out of
their respectiue jiuis dictions ; and it is further ordi-ed by the authoritie affore-
sd, that no ram or weather lambs shall henceforth be kild by any butcher, or
other pson, except by the keepers or masters of sheepe for their owne pticuler
occasions, vnles they shalbe tw yeai-s old, on penalty of twenty shilling^ a
lamb, the one haKe to the informer, the other halfe to the coimtry, till the
country shall take further order herein.
Keeues&Mug- It is ordred, that all & euery the inhabitant^ of this jiu-lsdiction that

haue any of the bookes in their custody that haue lately bin brought out of
England vnder the names of John Reeues & Lodowick Muggleton, who ptend,
themselvs to be the two last wittnesses & prophet^ of Jesus Christ, which
are full of blasphemies, & shall not bring or send in all such bookes now in
their custody, to the next magistr, shall forfeit the sume of ten pounds for
euery such booke that shalbe found, or knowne to be in the hands of any in-
habitant after one moneths publication hereof, the one halfe to the informer,
the other halfe to the country ; & as many of the id bookes as can or may be
found to be to he burned by the executiono', at Boston.

gleton.

[*433.] *Att a 4'^ Sessmi of the Ge7i" Courte, began the seuenteenth Day of

17 October.

October, ATio 1654.

Cunstables re- f | '^HIS Court fiudiuge great iaconuenience in the vncertaynty of their mem-
_I_ ber^, & the number thereof, doe therefore order, that from henceforth
the cunstables of each towne shall returne the name of the pson or pson^ chosen
by the ffreemen to be deputies for the Gen'^ Court, & the time for which they
are chosen, whether for the first session or the whole yeare ; & euery cunstable
y' shall fayle in this his duty shall forfeit the sume of twentie sliilliug^, to be
payd to the common treasury ; & all psons so chosen, as afforesd, acceptinge
thereof, which shalbe absent from the howse dui-eing the time of then- sittinge,
without just grounds, so judged by the howse, shall pay twenty shillingf^ a
day for euery such default ; & the seuerall returnes of each cunstable shalbe
keept on file by the clarke of the Dept, till the Court be ended.

SeUing of Whereas there is a great abuse in sellinge of judgment^^ & executions, so

judgm'*.

alteringe the pprietie of them before they be satisfied, or goods seized, wherby

THE MASSACHUSETTS BAY IN NEW ENGLAND. 357

great inconvenlencyes may arise, as experience hath pued, this Court doth 1 G 5 4.
therfore order, that after the end of this session no pson shall sell, alienate, " "* '

• 1 • 1 <^ n ■/• 1 11 ^7 October

or assigne any judgment or execution whatsoeu ; & it any shall psunie to act
contrary .to this order, his sale, assignment, or aHenation shalbe voyd in law ;
& in case the ptie dy after the judgment, before he hath taken out an
execution, or before satisfaction be receiued, his executor or administrator
shall take out or renew the execution, as the testator himselfe might haue
done.

For as much as, according to the psent forme of gouernmeut in this juris- Pep* to be or-
diction, the saftie of the commonwealth, the right administration of justice,
the ^servation of the peace, & puritie of the churches of Christ therein, vnder
God, doth much depend vppon the pietie, wisdome, & soundnes of the Gen"
Court, not only Magistrates, but Deputies, it is therfore orcbed by this Court
& authoritie thereof, that no man, although a ffreeman, shalbe accepted as a
deputie of the Gen" Comt, that is vnsound in judgment concerninge the
mayne poynts of Xstian religion as they haue bin held forth & acknowledged
by the generallitie of the Ptestant orthodox writers, or that is scandalous in
his conversation, or that is vnfaythfuU to this gouernment. & it is further
ordered, that it shall not be lawful! for any ffreeman to make choyce of any
such pson, as afforesd, that is knowne to himself to be vnder such offence or
offences before specified, vpo peine or penaltie of fiue pounds, & that the case
of such psons to be tryed by the whole Gen" Court.

It is ordred by this Coui't & authoritie thereof, that henceforth there Magisf allow-
shalbe alowed to each of o' bono'''' magistrates which are already, or which ^"'^'''
•hereafter shalbe, chosen, & attend the service of the countiy, the summ of [*4:34.]
fiue & tliirty pounds p annu, they bearinge theii- charges in such Coui-ts, as in
the order made in the yeare 1653 is in that case pvided, & likewise beare
equall pportion o'f publicke charges with other men in all towne & countiy
rates. And ffurther, it is ordered, that in regard the easterne parts, which
beare no charge with vs, haue some benefitt by the helpe of some of o'
bono'''' magistrates, that they shalbe lyable to pay in yearly to the countiy
Treasui-er the sume of seuenteene pounds & ten shilling^, towards the charges
afforesd.

Forasmuch as the three commissiono" for small causes, in the seuerall Commissionora
townes within this jurisdiction, haue great power of judicature, as by seuerall '°° ^s'""-
former orders appear^, the exercise whereof being of great concernment both
to townes & country, this Coui't doth therefore order, & be it hereby enacted,
that henceforth there shalbe none admitted to be a commissiono' for any towne
within this jurisdiction, but such whose conversation ai-e inoffensiue, & whose

358 THE RECORDS OF THE COLONY OF

16 54. fidellitie to the country is sufficiently knowne, & approuccT off by the County
"■^ '* ^ Court of that shire.

Disorders pun- Whereas experience giues ys cause to complayne of much disorder in

ishable, partic- jjjjjg gf pubUcke ordinances, in the meetinge howses in seuerall congregations

ular in houses

of worship. in this jurisdiction, through the vnreuerent cariage of diuers young psons &
others, notw'^'standing the best meanes that haue bin hitherto vsed in the id
assemblys for the refforniation thereof, it is therfore ordi-ed by this Court &
the authoritie thereof, that it shalbe in the lifctie of the officers of the congre-
gation, & the select men of such townes, together, to nominate some one or
two meete psons to refornie all such disordered psons as shall offend in any
misdemeanor, either in the congregation or elswhere, neere about the meeting
howse, either by serious reproofe, mor private or more publicke, or other the
like warninge & meete corection, if the magistrate or commissiono"^ of that
towne judge meete. And we are not doubtful!, but the reuerend elders of
the seuerall congregations, accordinge to their wisdome, will so order the time
of their publick exercise, that none shalbe ordinarily occasioned to breake off
from the congregation before the full conclusion of publicke exercise. This
order to be published in 14 dayes.

Pvision for the "Whereas we cannot but acknowledge the goodnes of God towards his

prsident.

people in this wildernes, in raysing vp schooles of learninge, & especially the
colledge from whence there hath sprung many instrument^ both in chh &
coiiionwealth, both to this & other places, & whereas at ^sent the worke of the
coli hath bin seQall wayes obstructed, & seemes yet also at pisent, for want of
[*435.] comfortable mayntenance, *ffor the incouragment of a president, this Court,
Colledge pvis- takeinge the same into serious considration, & finding that though many
ppositios haue bin haue bin made for a voluntaiy contribution, yet nothing
hath bin hitherto obtayned from seuerall psons & townes, altho some haue done
very liberally & freely, & fearing lest we should shew o''selucs vngrat-fuU to
God, or vnfaythfuU to posteritie, if so good a seminary of knowledge & virtue
should fall to the ground through any neglect of 0''% it is therefore ordered by
this Court & the authoritie thereof, that besides the pfitt^ of the ferry,
formerly graunted to the coli, which shalbe contynued, that there shalbe
yearly leuyed, by addition to the country rate, an hundred pounds, to be payd
by the Treasurer of the country to the coli treasui-er, for the behoofe & mayn-
tenance of the psident & fellowes, to be distributed betweene them accordinge
to the determination of the ouerseers of the colledge; & this to continue
dureing the pleasure of this Court. And it is hereby ordered, that no man
shall stand ingaged to pay his voluntary contribution that he hath vnderwritt,
by vertue of this Courts pposition, & that such psons as haue already done

THE MASSACHUSETTS BAY IN NEW ENGLAND. 359

volunlaryly slialbe considered for the same iu the country rate ; such a ppoi-- 1 G 5 4.
tio as this addition of one hundred pounds doe add to the rate, to be allowed ^ ^^ '
by the cunstable to each pson, & by the Treasurer to the constable.

Forasmuch as notwithstanding the great care this Court hath had, & the Diunknes.
lawes made to suppress that swineish sin of drunkennes, & yet psons addicted to
that vice finde out wayes to deceiue the lawes pvided in that case, for the better
pi-eventiuge thereof, it is ordered by this Court & the authoritie thereof, that
none licenced to sell strong waters, nor any private howsekeeper, shall pmitt
any pson or psons to sit drinking or tipplinge strong waters, wine, or strong
beere in theii- howses ; & if any such seller of strong waters or private howse-
keeper shalbe legally convict before any County Court, any one magistrate, or
Comission" Court, such pson shall for the first offence be fined twenty shil-
ling^; & if the pty so convict be not able to pay his fine, he shalbe sett in the
stocks, where he shall contynue one whole houre ; and if any such seller of
stronge waters shalbe convict as afforeSd of a second offence of the same nature,
he shall forfeit his Ucence, & shall also pay as a fine twenty shillings to the com-
monwealth ; & if any private howskeeper shall be convict as afforesd of a second
offence ag' this law, he shall pay a fine of fine pounds ; «& for the third offence,
such pson or psons, being so convict, shalbe bound to their good behavio"^ in
twenty pounds bond, w"* two sufficient sureties, or be committed to prison.

*It is ordered by this Court, that all sortes of corne shalbe payd in the r*436.]
country rate at these prises following, viz': wheat & barly at fine shilling^ p Prises of come,
bushell, rye & pease at foM^er shilling^ p bushell, & all Indian corne that is or rates.
shall be brought in to the Treasurer, or be pay- d by his order, before the tenth
of March next, shalbe accoumpted but at two shillings eyght pence p bushell,
& what shalbe payd after y* time shalbe accepted at 3% & what payments
soeuer are made besides corne to the country rate shall henceforth be apprised
according to law as ready money, pvided it be prised where tis paid.

Major Willard, comaunder in cheife for the Vnited Colonyes in the late ex- Disbanding
pedition ag' Ninigreet, being retiu-ned, & having discharged the forces committed f"''®^-
to him fi'om the colonyes, this Court doth order, that Capt Davis shall dis-
band his troope of horse raysed by this colonye ; also, that the major gen'^ dis-
charge the military watches & the committees of militia in the rcspectiue
townes to release the souldiers vnder presse & warrents giuen out to these ends
& purposes.

The new chh iu Boston, p>ferring a petition in reference to the ordination New ch' answ.
of M'' Powell to be a teaching officer amongst them, are referd to the last
answer of this Court as an answer to their petition.

This Court, taking into further consideraco the case of the forementioned

360

THE RECORDS OF THE COLONY OF

Brownes

Clarke of
Dep' recomp.

petitiono'''', & being sensible of the vncomfortablenes of their j^sent condition
for want of a teaching officer. amongst them, qualified according to the whole-
some lawes established amongst vs, & being very willing to afford the best
help we can in this case, doe therefore {)pound the Reilend M' Reyner ATito
the sd chh, to be by themsclues treated wlthall, as also made choyce off & called
to office in case of agreement between them.

There is graunted to M' Edmund Browne, his heires & assignes, foreuer,
two small pcells of meddow, not exceeding twenty acors, lj"ing on the south
side of Sudbury boimds, on the north side of the riuer.

Whereas the clarke of the Howse of Deputies for futuie time is to beare
his owne charges for dyet & lodging, this Court doth therfore order, that from
henceforth there shalbe allowed him for his salery, dyet, & lodging, the sum of
sixteene pounds p anum, to be payd him yearly by the Treasiu-er, he giuing
in a just acc° to the audito' gen'' of all his receits for petitions, which he is to
take in pt of his afforeid allowance, & this to be in full for w'euer hath bin
heretofore pmised him by this Court, not only for entring the seuerall orders
& acts of this Coui-t, but also for transcribing ires to or fro forraigae places,
as also to pfect the ^sent booke w"^ all the orders of the former yeares since
it began.

[*437.] *We whose names are subscribed, being appoynted to devide the lands at

pringfeilds Naotucke into two plantacons, haue accordingly graunted to them that now

tum$.

fii-st appeared to remoue thither to plant themselues on the west side of the
Riuer Conectecott, as they desired, & haue layd out their lands, viz', from the
little meddow aboue their plantatio, which meddow is called Capawonke or
Mattaomett, downe to the head of the ffalls which are below them, reserving
the lands on the east ^ide of the id riuer for an other plantatio.
Yo' humble servants,

JOH: PINCHON,
ELIZUR HOLYOKE,
SAMUELL CHAPIK
This returue was approued of by the Court.

Munings al-
lowance.

Tintnors peti-
tion.

It is ordred by this Coui-t, that Georg Muiiings be allowed ten shilling^
a weeke for keeping of Daniel Gimn, & he to acc° w**" the audito"^, who shall
signe him a bill for payment of it to the Treasurer out of the next country
leuy.

Lieu? Hudson & Euan Thomas hauing bin fined for selling beere aboue
two pence the quart, & also fforfeited bonds for appearance at the Court of

THE MASSACHUSETTS BAY IX NEW ENGL.VND. 361

Assistance to answer the same, this Court, vppon their pet, thinkes meet to 1 ().)4.
remitt their bonds, but so no cause to take off their iEnes. ' '' '

17 October.

It is ordred by this Court, that Capt Harding, Leiu? Morice, Henry prisnicsUb
Cowcs, Francis Bowers, Eichai-d Marjoram be releast of their bonds to this tif.
Court for their contynuance in this country & sequestration of their estates.

In answer to a pet pisented from the inhabitant^ of Saco, Cape Porpus, Saco's, &c,
& Wells, in reference to the erecting of a p^'son & other charges there, it is "^
ordred, for mutuall peace & good of the id townes, that the seuerall to.wnes
lyable to this charge about the prison shall for each towne choose one man to
se that, on the bringing in of an ace" of the estates of each towne according
therevnto, a just pportion may be levyed on each towne, to which the deiju-
ties for those pt^ doe concurre, & doe ^sent these psons vnder written for
y' worke : for Kettery, Richard Nacy ; for Cap Porpus, Griffin Montague ;
for Saco, Robt Booth ; for Yorke, Abram Prebble ; for Wells, Jonathan
Thinge, — who are hereby impowred to attend what is just & equall herein,
tending to the effecting thereof, & that they shall also take an acc° of the late
Treasurer about the rate of the two late Court^, and rectefie the same,
chai-giug to each towne their due pportion, according to the custome of the
country rates.

In answer to the petition of M"' Eobt Jordan, in reference to a case de- jordans an»w.
pending betwcene Joh Eidgway & the 5d Jordan, it is ordred, that the case
mentioned in his petition be referred to a due triall at the next County Court
at Yorke, bee this gouernment hath not yctt bin settled amongst them.

The returne of M" Jonas Clarke & M'' Samuel Andrews, concerning the run- is October.

inge of the northermost Ijne of o'' pattent on the seasid, according to y*" ^°'* '^'"^'

order of the Generall Court. October 18.

•M' Jonas Clarke & M' Samuell Andrewes, both well skild in the matlie- [*-138.]
maticks, ha\ing had the coinaund of ships uppo seuerall voyges, being ajj-
poynted to take an observation at the northerly bounds of o' pattent, vppon the
sea coaste, made this returne, as foUowes: Our observation, taken the 13"^ day
of October, the place of o'' last observation, the altitude of the sun was, ac-
cording to observation & o'' best judgm*, SI"", 3-l"'° ; the declination of the
sun, according to calculation in England, 11'", .SQ""™ ; the diffrence of longi-
tude betwixt this place & England, according to o'' best judgm', is 63*, which
in time makes foure howres & one fifth pt of an howre, which adds to o'
declination 3"'° & 40 seconds ; all which altitude, declination, & nieridionall
diffrence, being added together, makes 46'", 16™", & 10*'='', which, being sub-
stracted from 90'', gaue vs to be then in north latitude 43*, 43 miii, & 20

VOL. III. 46

362 THE RECORDS OF THE COLOxNY OF

1 G 5 4. sec, which was 8 seconds to the northward of o' latitude giuen, which we
' ^ "^ mcased back agayne vppon a south lyne, & there fell in a very playne place,
■where were but few trees, but we marked four or flue trees, one of them
marked w"" MB ; & at the sea side where the line doth extend there lyes a
grayish rock at highwater marke, cleft in the middle ; else, the shore being
sand, w"'out stones, the line runs oQ the tht northermost poynt of an iland,
as we judge, not aboue two or three rod aboue the high water marke. The
iland is cald the Vpper Clapboard Hand ; about a quarter of a mile from
the mayne in Gasco Bay, about four- or flue miles to the northward of M'
Makworths howse. To which returne the pties abouesd subscribed their
hands ; & M'' Clarke being absent, M' Samuel Andrewes, vppon oath, testified
to the truth hereof before the ilagistrates in Gen'' Court, as follow^: You
swere by the lining God, that the returne you made vnder yo' hand of the
observation you made on the 13"' of October on the northerly bounds of o'
pattent is true according to the rules of art & yo"" best judgm'. Taken vppo
19 Octobei. oath, lO"! October, 1654.

Castle. Whereas it did appeare, vppon good information to the Gen" Court in the

yeare 1651, that the cap? of the Castle, at his owne charge, had purchast for
the service of the Castle six murtherers, two boates, & a drum, as also had re-
payred some cariages, & more was to be done in respect of hutt^, to the value
of 20" or thereabout^, in consideration whereof the capt of the Castle was to
haue allowed him 30'' p anum, for which he was to keepe the thinges before
mentioned in good repayre at his owne prop costs & charges, — now, this Court
thinks meete, that the surveyo'' gen", M' Joh Saunders, & M"^ Joseph Met-
[*'±39.] calfe be intreated forthw*'' to goe *downe to the Castle, & take a survay of
those thinges, to se y' they be in good repayre, according to engagment, & to
make returne of what they find to this Court.

The returne of the coiiiittee is a fibllowes : In the first place, we find
that the hutts the capt built are in good repayre. 2'^. That the cariages
that were renewd by the capt are now good. 3'^. We saw fower of the six
mui'therers ; the other two were at lowatermark, which his men afiii-med were
serviceable, & if that satisfie not, he will bring them to Boston, if required
therevnto. 4"'. One of the boates is lost, the other is good. 5'^. The di'um
is spoyled. Concerning the capt, gimners, & garisons allowance, se the
orders made in the yeares 1645, 1648, & in the yeare 1651.

Vppon the examination of the accompts of the capt of the Castle for all
rcconinges for sallcry & otherwise, vnto the 29"* of the T"* mo"' last, 1654,
we find to rcmayne due to him the sum of 193" 4% which sum shalbe by bill

THE MASSACHUSETTS BAY IN NEW ENGLAND. 363

psented to the aiiclito'^ gen", & by him signed, that so the Treasurer may 1G54.
make speedy payment out of the country rate ; & -whereas it appeares that ' ^i '
there is a boat lost & a di-um spoyled, yet forasmuch as it appeares that these
losses were not by the capt his neglect, & that he hath bin at further charg
then he giues ace" off, y'' Court discharges the capt of that loss, & orders
the country to beare it.

It is ordered, that Georg Muunings shalbe called to an account about the Munings of-
escape of the prisoner Benjamin Saucer, & do therefore order, that he shall
giue answer for the same at the next County Court at Boston, vnto whom
power is hereby giuen to deale with him as the merritt of the cause shall
require, either by fine, displaceinge of him, or otherwise, if he giue not a
satisfactorie answer thereto.

Abigaile Elithropp, complajaiinge of some estate left her by her late Eiithrops
deceased husband, which is vnjustly detayned from her, vppon her request,
is referd to the next County Court at Ijjswich for releife, who haue hereby
power to issue y" same.

The towne of Portsmouth, prefering a petition for settling the bounds Portsmo" peti
betweene Hampton & themselues, the Court think^ meete to referre the issue *'""■
of the case to commlssiono", & to that end haue chosen M'' Joseph Jewett,
M"' Thomas Bradbury, & M' John Saunders, who are hereby impowred to
examine the matters in difFrence betweene the townes of Portsmouth & Hamp-
ton, as touching the lyne betweene them,,& to settle the same in such a way
as may by them be judged most meete, vppon a full hearing of what shalbe
alleadged in the case, & that they make returne thereof to the next Court
of Election, & M'^ Joseph Jewett to appoynt the time & place of meeting.

It is ordi-ed by this Court, that Goodwife Heydon shalbe allowed fifty iiejdons guift
shillings out of the country rate, for the releif of her distempered child for
this yeare.

*In the case of ^l' Edward Godfrycs complaynt agaynst the towne of [*440.]
Yorke, about lands, it is ordi-ed, by & w"' the consent of the sd M" Godfry & Godfryfcom-
M' Edward Eishworth, on y" behalfe of the towne, & each pticuler pson concernd
herein, that M"^ John Brocke, M'^ Valentine Hill, & M' W"" "Worcester shalbe
& are hereby appoynted coraissiono"^ from this Coui't to here & determine all
the differences between the sd ]\I' Godfry «& the towne of Yorke, & others
whom it may concerne, in reference to a meet pportion of land to be allowed
the sd ]\P Godfry, accordinge to his demerritt(^, as also for his charg in attend-
ance on this Com-t ; «& the sd commissiono" are hereby desired to make a full
end of this busines by the last of Aprill, 1655.

364

THE llECORUS OF THE COLONY OF

1654. To the inhabitant(^ of Yorke : Whereas M"' Edward Godfiy hath com

" "f " playiied to this Court of vnkind, if not vnjust dealing he hath mett with
amongst you, in reference to a mcete ^portion of landi sutcables to his
endevoui-s, charges, & claymes, that we might put a convenient & comfortable
issue to this difFrenc betweene you, we haue commissioned, w"' both yo' con-
sents, M"^ "Worster, M' Brock, & M'' Hill to here & determine the case
before the end of Aprill next, & doe desii-e & expect y* you will readyly
attend such conclusions, & Jpivent any further ens ^ coniplaynt on his pt,
which seemes not to haue bin w"'out a cause.

M' Bradstr.
land, &S.

Saundors case.

[*441.]

IIatc\ ill Nutter & Thomas Caney, being appoyntcd to lay out one thow-
sand acors of land for M'" Bradstreet & Capt Wiggan, vpon the northeast side
of the great riuer at Nethewonake, haue layd out the same, the most pt
swamp, as they suppose, out of all townc bounds & proprieties, viz*, 12
furlong^ by the riuers side, the riuer being the bounds on the southeast side,
& so to run vp into the woods vjjon a northeast lyne from the Sd riuer, eyght
furlong^ & 14 pole vppon each side of the lott which is so marked & bounded
by them, & there names hereto subscribed.

This Court, hauing pvsed the seuerall testemonyes brought in agaynst
Edward Saunders, of Watertowne, for abusing the body of Ruth Parsons, doe
not find him guilty of death, but justly deserueing a high & seuere sensure,
& doe therefor judge meet, that he shall be seuerely whipt, first, in Boston,
2'y, in Watertowne, at some publicke meetinge, not exceeding 30 stripes at a
time, & also y' he shall henceforth weare a rope about his neck openly, to be
seene hanging downe two foot long, to contynue dureing y' Courts pleasiue ;
& if he be found aboue forty rod from his howse w"'out such a rope, then for
euery such offence to be whipt agayne before the three commlss"" of y' towne,
by the cunstable, in manner before exprest.

*An Indian, ^ferring a pet to this Court, for Tompsons Hand, is referd
for answer to a course of law in a Court of justice.

Christopher Auery, being fined 20'', at Ipswich Court, for liuing from
his wife, vppon his pet to this Court, being aged & poore, & havinge vsed
meanes to pcure his wife hither, his fine is remitted.

The towne of Concord, desireing a tract of land for theire better accomo-
dation, are to returne to this Court what quantitie of land yet remaynes vndis-
posed of, which they desire, & then this Court will giue further answer to
their pet.

Whereas there hath bin a suit in law depending between John Cheny, of
Newhcry, guardian to Abiel Saddler, & Isaacke Boswell, of Salsbuiy, about

THE MASSACHUSETTS IJAY IN NP:W ENGLAND. 3G5

the title of an inheritance w'''' somtimcs was M'' Christopher Batt^ , lying & being 1 (5 .') 4.
in the town of Salsbury, the sd John Cheny by these j^sents doth aquite & dis- "^ '

charge the id Isacke Boswell from all suit^ & demaunds for the time past, & for
the time to come doth engage & |>mise neuer to sue or molest the sd Isaake Bos-
well about this basines. This Avas acknowledged in Court & subscribed by
John Cheny, (IT: 9, 1654.) A^ppon this agreement the Court confirmed the
estate of the howse & land to Isaake Boswell afForcsd.

In obedience to the Gen" Courts order, we, whose names are hereto sub- Tonne bounda.
scribed, haue viewed the line concluded by Salsbury & Haucrill, to devide the tt^ '^'"i'f/
land between them, & we find that, as it is exprest in the pet, there Is a great bounds.
niistak in the first runing of the lyne : this is acknowledged by both pties, for
he y* can-ied the compas at the first, from the place concluded on, from Meri-
mack Riuer, about one mile & a quarter, to a stumi? of a pipestaue tree, he
sd he had run north west, which moucd the men chose by Hauerill to yeeld to
Newbery one poynt more ; but we haue gon northwest from the place on Mer-
imacke Riuer formerly concluded on, & we find that northwest goeth a quarter
of a mile in a mile neere to Haverill then the lyne first run ; so we find y'
northwest is as much as, according to the true vnderstanding of their first
agreement, doth yeeld vnto Salsbury ; & if the line north west & by west
should stand, a great pt of the meddow lying on y' quarter would be cut off"
from Hauerill, to their great pjudice ; & the not knowing of that mistake
made them yeeld one poynt more. We think it^ just between them both that a
northwest line part the land betwLxt them ; & if any of the meddow layd out
by Hauerill shalbe taken from them hereby, that those meddowes shall re-
mayne to Haverill, or to those to whom it is layd out. Further, we thinke
y' Salsbury should haue libertie oucr Hauerill Commons, if the swamp stop
the way, & the sd way to be forty rod broad.

HEN: SHORT,
JOSEPH JEWET,
JOH: STEUENS.

The Court accept of the returne of these coiiiission" appoynted to lay out
these bounds affbrSd.

♦Whereas Showanan, sagamor of Nashaway, is lately dead, & an other [*412.]
is now suddainly to be chosen in his roome, they being a great people, who haue Sagamor.
submitted to this jurisdiction, this Court doth order, that JI' Increase Nowell ''°""""
& M' Eliott be sent vnto them to direct them in their choyce, their eyes being
vppon 2 or 3 which arc of the bloud, one whereof is a very debaust, drunken

THE RECORDS OF THE COLONY OF

fellow, & no friend to the English ; another of them is very hopefull to learne
the tiling^ of Christ ; if, therefore, these gen? may, by way of pswasion or
counsell, not by compulsion, ^vayle w"" them for the choyce of such a one as
may be most fitt, it would be a good service to the country.

Astwoods es- We, whose names are hereto subscribed, being ai^poynted by the Court to

examine the acco referring to the estate of M' James Astwood, deceased, & to
make returne of o"" thoughts therein concerning that pt of the estate that by
law is due to y* widdow of the id James, deceased, which is the third pt of
the howses & lands, for terme of life, find —

That according to the value the id howses & lands were sould for, being
225" -4^ l"* ob, her pportion, being allowed after the rate of 5 p cent, & ac-
counted as contynued the terme of seuen yeares, amount^ to 26" T^ 4''.
Her receits. By vcrtue of a Court order, dd to her by the administrate'', 23" 5' 8*.

And more in seuerall goods taken by the id widdow without the knowl-
edge of the administrate'', as is testefied vnder the hands of M'' Stodder & M'
Tyng, sum of 20" 16' 6'>.

So that it appeares that the widdow hath rec of the estate more then her
pportlon, the sume of 17" IP 10. And whereas, in regard of due order, shee
should haue rec her pt aiiually, & but for terme of life only, she hath caried
already this whole sume out of the country.

Wherefore wee conceiue that the remaynder of the whole estate shalbe'
free from all clayme, demaund, or tytle bye y* id widdow, or by any in her
behalfe to be maxle, & therefore we judge it requisite that legall assureance be
made to the purchasers of the id howses & lands which were the estate of tlie
id M'' Astwood, according to the contract made betwixt the administrate''^ &
the purchasers.

ELIAZUR LUSHER,
BRIAN PENDLTOK

The Court, hauing pvsed the returne of this coiiiittcc in reference to the
pticiders aboue mentioned, approue of the same as it is here inroled.

Wattens es- Its ordred by this Court, that Cajst Brian Pendleton shall hauc the ad-

ministration of the estate of Job AVatten, deceased, & that a true & pfect in-
ventory of the id estat be taken by him & reudred to the Court, that some
course may be further taken for the releife of his widdow, as this Court shall
hereafter judg meete, & y' he make returne thereof to the next Gen" Court.
In answer to a pet, pferd by M'" Rawson, for land, in refference to his

tate.

THE MASSACHUSETTS BAY IN NEW ENGLAND. 367

joui-ney to the eastward, this Court grauuts him two hundred acors vppon 1 G 5 4.
*Chochichowicke Riuer, aboue Doucr bounds, not graunted to any others, '

. . 19 October.

{>vidcd that Capt Pendleton be joyncd w"" Peter Coffin in laying out the sccritarys

same. " ^raunt. ^

In the case respectlnge Lieut Pike, & the petitiono"^ on his behalfe, the

Pikes case.

committee imployed to examine their seuerall answers haue made a returne of
those psons which haue not giuen satisfaction, whose names are hercvnder
written : of Newbery, Joh Emery, Senio'', John Hull, John Bishopp, Bepjamin
Sweet, Daniel Thui-ston, Junio^ Joseph Pluiiier, Daniel Cheney, John Will-
cutt ; of Hampton, Christopher Hussey, John Sanburne ; of Salsbury, Samuel
Hallis, Phillip Challice, Joseph Fletcher, Samuel Gethoths, Andrew Greley,
George Martin. The Court doth order, that these psons aboue mentioned
shall be suiiioned by warrent from the clarkes of the seuerall County Court^
to which they belonge, & to giue bond, to the value of 10'' a man, to giue
answer for their seQall offences before the sd County Courts, who shall haue
full power to issue the same as they, in their wisdoms, shall judge most
mectc.

Nathaniel Boulter, playnl, pferd a pet for the hearinge of a case depend- Bolters case,
ing betwixt the id Boulter & Eob? Lord, deffend' ; ISI'' Thomas Maccy enga-
ging himselfe for the payment of flue pounds, for the chai-ge of the Court. The
Court, on a hearing of the case, did find for the playnt.

It is ordred by this Court & the authoritie thereof, that Major Gen" Gib- Castle comit-
bons, Capt Atherton, Capt Sauage, & Capl Clarke are hereby deputed & em-
powred to be a committee, furnished w"' full powre to treat w"" & conclude
with Capt Dauenport ; or, in case he concurr not, with any other man whom
they, or any three of them, shall judge meete for that place & trust, to be
capt at o'' Castle, & to attend the service therein required by law. & the
id capt shall hire fewer fitt men to be the garison there, & to pay the sd soul-
dicrs, pvided the whole sume for salery for the capt & garison exceed not one
hundred & fifty pounds, & to make their returne to the next Court of
Election.

It was put to the question, whether the country shalbe lyable to defray Souidieis pay.
the charg of such souldiers as were vnder the late press & not imployd in
service. It was resolued in the negatiue.

The Coiut, being sensible of the great charge of the country, & therfore not Rate agmc^^
wilhng to press vppon them vnles in case of necessitic, to defray such just
debts as they know not how to avoyd, doe thereford order, that the Treasurer
shall send forth his warrents to all townes for a (piarter pt of the afuial leuy,
for defraying the expcnce of y'' late expedition.

aproucd.

[*445.]

THE RECORDS OP THE COLONY OF

*To Majo' Geu" Eot)t Sedgwicke.
It Is ordered, that Benjamin Saucer, the blasphemer that made his escape
out of the prison, shall, & hereby is, demaundcd of the id IMajo"' Sedgwicke,
commaunder in chefe of this ffleet, desireing him to send vp the 5d Saucer, &
order his deliuery to the prison keeper, from whence he made his escape. By
the Gen" Court, 11, 9: 54.

Whereas this Court, in INIay last, ordred & appoynted each souldier of
seuerall of the townes w^'in this jurisdiction to pay fower shilling^ six pence,
in liew of fower trayninge dayes, towards the repayre of the Castle, as in y'
order more fully appeares ; this Court finding that worke to be much vnder
delay for want of some meete psou for the gatheringe thereof, or, vppon re-
fusall of payment, to leiue the same by distressc, it is therefore ordered by the
authoritie of this Court, that the cunstables of euery such towne where the
souldiers are to pay, shall, & hereby are, impowered & required forthwith to
demauud & rec of euery such souldier in such company the sd sume of fowre
shilling^ six pence; &, on refusall or neglect, to levie the same by distresse,
as in other cases ; & they are hereby required speedyly to send in what they
shall receiue vnto Boston, & deliuer it vnto Majo'' Gen" Edward Gibbons &
Capt Humphry Atherton, or their assignes, Avho are appoynted a coiuittee to
order the repayre of the id Castle there, with the charg & adventure of such
pay as shalbe so sent to Boston, to be allowed out of euery such payment.

The towne of Glocester, being vnder a fine of flue pounds for want of
their ^portion of match, which they haue now pcured, vppon their request to
this Court, haue theii fine remitted & theii- pet rec freely.

"Whereas diuers elders, who were ouerscers of the colledge, arc taken from
vs by death, others gone for England, so that there is at this time great need
of some other elders to supply theii- places, this Court doth order & desire M'
John Allen, pastor of Dedham, M' John Norton, who is now teacher at Boston,
]M' Samuel Whiting, & M' Thomas Cobbett, elders of Lyn, to be ouerseers of
the id colledge, with the rest of the ouerseers, for the ordring & disposing of
such thinges as are requisite for the good & welfare thereof.

It is ordred by this Court, that Capt Sauage, Capt Lusher, & M"^ John
Wiswall shall be a committee to examine the Treasurers account^, iiiieadiatly
after the breaking vp of this Court, so that the account may be published for
the countryes satisfaction.

This Court, having pvsed & seriously considered the agreement of o'
commissiono"^ at their last meeting at Hartford, as to the ending of all former
diffrcnccs 'and offences betwixt this iroucrmcnt & the rest of o'' confocdcrates.

THE MASSACHUSETTS BAY IN NEW ENGLAND. 369

doe aiiproue thereof & consent thereto, pfessing o' resolution to act accordingly, 1 G T) 4.
& therfore doc order, that ires be sent to the other three Gen" Courts to cer- ^ '

11 November.

tine the same.

Whereas vppon too much experience it is apparent, & also much com- Wine sellers.
playned off as a cause of much & just greivance, that the Indians, through the
excessiue & abusiue drinkinge of wine & strong liquors, are firequently ouer-
come & therby guilty of swinish drunknes, which oft times they atayne by
some such of the traders as too much affect & regard their owne profitt, tliis
Court, taking knowledge thereof, & judging it to be o'' duty not only to bear Evil of Indians
wittnes ag' such a siufuU practise amongst the natiues, but also to vse o'^' best "

endevours to restrayne the same, doe therefore order, iSc by the authoritie of
this Court it is enacted, that no maiier of pson whatsoeuer of this jurisdiction,
except SUCH as are in this order expressly named, shall sell, contracte, or
trucke, directly or indirectly, by themselues or others in their behalfe, either
wine or strong liquors of any sort, kind, or name, at any time or vppon any
pretence whatsoeuer, to any Indian or Indians, vppon forfeiture of the pcenall
sum of twenty shilling^ p pint to the coinon treasury, & accordinge to that
pportion for all quantities more or lessc ; & it is further ordred by the
authoritie afforesd, y' in the countie of Suffolke, ^\y John Wiswall, of Dorches-
ter, & Cap? Lusher, of Dedham ; in the county of Midlesex, Thomas Brooke,
Senio'^, of Concord, & W™ Cowdrey, of Redinge ; in Essex, W™ Moodey, of
Newbery, & John Fry, of Andevour ; in Norfolke, Roger Shaw, of Hampton,
& Henry Palmer, of Haverill ; in Yoikeshire, W"" Pomfrett, of Douer, &
Edmund Littlefeild, of Wells, are hereby empowred & ordred to sell wine of
any sort & strong liquors to the Indians, as to their judgments shall seeme
most meete & necessary for their releife in just & vrgent occasions, & not
otherwise ; pvided, that the id psons so impowered, nor any their assignes, shall
sell or deliuer to any one Indian more then one puit at any one time, vppon
any ^tence whatsoeuer, which psons also so named & empowred as afforeSd
are advised »& hereby required so to manage this case wherein they are
intrusted, w"" that care, heedfuUnes, & diligence, that to the vttmost of their
power this sinfull «& offenslue abuse may be reformed ; also, that no pson
shalbe hereafter empowred & intrusted herein except only such as shall pticu-
lerly be allowed of by the Gen" Court.

In y* case betweene M"' Giffard & the vndertakers of y'' iron workes, tlie Giffards oase.
whole Court did, by their vote, declare themselues to confirnie the actinges of
the audito''^ vppon the accomp'* betweene the sd Giffard «& his principalis,
so fiir as they haue positiuely issued the same, waueing for the ^sent the
alegations about their covenants.

VOL. III. 47

370 THE RECORDS OF THE COLONY OF

Sept. 20, 1654.

*At this Court api^cared Capt Rotjt Keane & M' Edward Hutchinson,
r*44:6.1 attorney for 'M" Joslah Winslow, deputyes & atturneys for the vndertakers of
the iron workes, playnt, & ^NI' Joh Giffard, late agent to the vndertakers of th?
iron -ttorkes, deff :, & after tlie Court had heard what the ptyes could & did
say, the originall atatchm*^ were read, & the verdict of the County Court at
Boston : therevppon it was put to the question, whether the Court be satisfyed
y' M'' Joh Giffard was agent for the vndertakers of the iron M-orkes : it was
resolued on y* affir.

It was put to y" question, whether the Court were satisfyed that ^I'' Joh
Giffard Avas sued, at the last County Court, as agent: it was resolued on the
affirmatiue by the whole Court.
Iron woik dis- It -^A'as also put to the question by the whole Court, whether so much as

is or shalbe charged on INI"' Joh Giffard, or he chargeth himselfe w^'all, in
reffe;-ence to the ii'on workes, he ought not to discharg himselfe according to
orders & instructions fro his princypalls : resolued on the afJii'matiue, he
ought.

4'>'. Whether the atatchm', not distinguishing Joh Giffard vnder the
terme of agent, doe make the playnt lyable to a non suite, reflering to the
action: resolued on the ncgatiuc.

It was put to the question, whether M'" Belingham & M'^ Nowell be
cajjable of voatiug in the case : resolued on the afhnnatiue.

It was also put to the question, whether this Court, in the case of the
vndertakers of the iron workes & INI'' Gifflu-d, would so accept of the first
audite, as to begin m here they left, reserving the playnt just liberty in poynt
of plea for damage in their second action for the defend', not following his
orders & instructions : it was resolued on the affirmatiue. P Cm-ia.

Caxrt Eo'bt Keane, pi, & M' Joh Giffard, deffend', being in Court, &
pleading to their case, the Court demaunded of the sd Giffard that he would
show his orders & instructions, to pue his owne charges of guifts, expences,
&t^, ■\\hich he absolutely refused ; & ■\\hen the Court moued him to giue a
pticulcr answer, to ease the colour of deceit, in mowing forty acors of grasse
for six cattle only, (if he could,) which he had confessed, he Sd he had
answered the audit, & would answer no other-wise ; the Court therevpou
declared, that then they would examine as they might, & judge accordingly ;
& after the whole C^ourt had heard what the iilayntiffs & defend* could
say, & pvscd scucrall of the euidcnccs & auditors rcturnc, they pcccdcd as
followcth : —

TTTK MASSACHUSETTS ]$AY IN NEW ENCiLAND.

"Whereas there is an action of thirteen thowsand pounds viipon accoumpt
depending in tliis Court, betweene M'' Josiah Winslow & Capt Rotit Keane,
deputyes & atturneyes for tlie vudertakers of the iron workcs, playn?, agaynst
M' John GLffard, late agent, defendant, the Coiu-t finds that vpon the sayd
Giffards ^senteing his bookes of accoumpts in a County Court, by their- order,
■where the action was first coiiienced, the sd Court reffbrd the auditing of the
sd acounts to certayne select meet psoiis, who, having spent much time about
the same, made a rcturne, so far as they had pceeded, but left the considera-
tion of many pticulers in M"" GiiFards charge, which they wanted evidence to
pas, to the value of three thowsand fine hundred seuenty two pounds sixteene
shillings & eleven pence, to the consideration & determination of the Coui't ;
but this sum, consisting *of too many pticulers for the Coiut to examine, [*447.]
■was agayne referd, together with the effects of the iron workes, to other
audito", who, after much time expended about the same, made their- retui-ne,
& lefl; the defend' debtor, vpon the whole, the sume hereafter exprest, agaynst
■which the playntifFs made some just & considerable objections, which occa-
sioned this Court to enter into a more strict consideration & examination of
the whole account, wherein they find many false charges, vaust expences, &
guifts, some tons of iron disjiosed of, which he giues not the iron works credite
for, the jifitt of the farme, &6, which he made vse of for himselfe, not
brought to accounts, together with diuers other improbable disbursments put
vpon account. The Court also find that the last audito""^ had respect only to
the accounp*'' as they stood in the bookes, without reference to the dcffend'^
orders or coiiiissio, & so issued the same in an arbitrary way, & much of it
w"'out proffc, which this Court could not allow off; but after much time spent
in the case, finding the ace" intricate, & very many of the pticulers contaynd
in fowre papers left by the first auditors to the determination of the Court, to
the valu of three thowsand fine hundred seuenty two pounds sixteen shillings
& eleuen pence, vei-y doubtfull & siispicious, the playntiffs also objecting ag'
the whole, as being done without order, & the deffcnd' refusing to show his
orders or coiiiission for the same, the Court judged it }nect that the dcffend'
should be allowed two thowsand & fine hiuidred pounds out of the fowre paps, &
that execution issue out from this Court for the playntiffs for the rest, together
with the eyght hundred & odd pounds exprest in the foot of the audite,
leaving the defend' to his liberty, by due jjroffe according to his orders &
instructions, to provie what he may or can more, the defend"^ payinge the
workmens wages, & giuing securitie for the same.

Its ordered, that the second action for breach of covenant, &<3, in rcffcr-

172 THE KECORDS OF THE COLOxNY OF

ence to M' Joh Giffiii-d, in the case of the iron workes, be refeid to the next
Gen" Court, in May.

It is ordred, that A'P Nowell, Cajot Atherton, Capt Clarke, Capt Lusher,
& M' Edw: Jackson be a coinittee to advise with some of the elders in cases
of blasphemy, rape, &i3, & to draw vpp some lawes to j^sent to the next Court
in the case.

Whereas this Court hath layd an impost on wines, imported into any pt
of this jurisdiction, as in the title Impost in the first printed booke appeares,
& that of late they haue lett to farme the sd impost to Capt W"" Hawthorne, Capt
Joh Leueritt, Leiut W"" Phillips, &6, & that no pson seemes now to be impowred
to take the forfeitures that in such cases may be made, it is therefore ordred,
that Leiut W" Phillips shall & is hereby impowred, according to that law in
reference to the impost, to take all forfeitures that hath bin, shall, or may be
made in any pt of this jurisdiction during the time of their contract, & to
appoyat one or more deputyes vnder him in any pt of this jurisdiction, to
demand or rec any of the sd imposts, according to law, of any pson or
psons whatsoeuer, & on refusall or nonpayment or entry, according as the
law requires, to make seasure, & by suit^in any Court of this jui-isdiction, to
recouer his or their full dues, according to law ; & this to contynue till the
Court take fuiiher order.

1655. *At a Generall Court of Election, held at Boston, the 23 of the
3 Mo'", 1655.

Chosen : —
John Endicott, Es^, Governo''.
Richard Beliingham, Es^, Dep' Governo''.

Assistants : Increase Nowell, Gent,
Symon Bradstreet, Gent,
Samuel Symonds, Gent,
Capt Robert Bridges, Gent,
Capt Thomas "Wiggan, Gen?,
Capt Daniel Gookin, Gent,
Majo' Daniel Denison, Gen?,
Majo' Symon Willard, Gen?,
Majo"" Humphrey Atherton, Gent.

Symon Bradstreet, Gent, "l ^

M- r r> -17^ • r* I '■ Commission'''
ajo"^ Daniel Denison, Geiit,j

THE MASSACHUSETTS BAY IN NEW ENGLAND. 373

M' Richard Russell, Treasui-er. 16 55.

INI'' Edward Rawson, Secretary. 23 May.

Daniel Deiiison, Es^, Majo"^ Gen".

The names of y* Deputyes.
Salem : ]\I"- Edin Batter.

Charlestown : M'^ Rich Russell, CajJt Francis Norton.
Dorchester : Leivt Roger Clapp, ]\P Rich Collicott.
Boston : Capt Tho Savage, Capt Tho Clarke.
Roxbury : M' Philip Eliott, M"' Edward Denison.
Watertown : M' Rich Browne, M^ Ephraira Child.
Lyn : M"' Tho Layton, M'' John Fuller.
Canibr : M"^ Edward Collins, ISI"' Rich Jackson.
Ipswich : M"^ Joseph Metcalfe, jNI"' George Giddens.
New-bury : William Tltcombe.
Waymouth : James Nash.
Hingham : M'' Jeremiah Houching
Concord : M'' Robt Muiam.
Dedham : Capt Eleazer Lussher.
Salsbury : M' Samuel Hall.
Hampton : Henry Dow.
Rowley : INIaximilian Jewet.
Braintree : Capt Richard Bracket.
Dover : M' Valentine Hill.
Woburne : Capt Edward Johnson.
Maiden : M'' Joseph Hils.
Kitree : M"' John WinkoU.
York : M'' Edward Rushworth.

Cap? Edward Johnson was chosen Speaker for y" House of Dep'^''' for y" first
week of this session.

William Torrey was chosen Clerk to y" House of Dep'^^^ for this yeare
ensueing.

* |,"!ORASMUCH as, by a late law, such deputyes as shall accept his choyce [*447*.]

_L to that service doth forfeit 20^ a day for eueiy dayes default for not at- Magisf
tendance on the service of the country, & that the ^sence of the magistrates
is more necessary then any deputies, it is ordered, that no magistrate shalbe
absent from the Gen" Court, otherwise then any deputy may be, on pcenalty
of 40* a day, as in the id law is expressed for deputyes, w*''out the consent

of both bowses. Gou'no' to re-

It is ordred by this Court, that who soeiier shalbe chosen GoQno'' from yeare ton.

tend )■« Court.

374

THE RECORDS OF THE COLONY OP

[*448.]

to yeare shall, w*'' the first oppertunity, mal^e his abode in Boston, or some
adjacent towne or place within fowre or fine miles of Boston, & shall there
contynue his abode dureing the tyme of his goQment, that so he may be the
more serviceable to the country in gen", both in respect of straungers & other
wise ; & it is further ordered, that either now or next sessions suteable ac-
coinodations may be pvided, which may encourage the same for the future,
& for ^sent doe desire the GoQno'' to reside at Boston, or neerc therevnto, as
much as his owne necessary occasions will pniitt.

This Court, considering that there are in many towncs seuerall peeces of
ordinance which ly vnmoiuitcd, or not suflycicntly mounted & fitted w"' ap-
purtenances fit for service, also some forts & batteryes that are out of repayrc,
doe therfore order, that such great guns, forts, or batteryes as the coiiiittee
of militia & select men shall se nessessary for the security of the id townes
for to mount or repayre, the select men of the id towne are hereby required
& impowred for to make & levye on the estate of the id towne, according to
pportion of the country rate, which levye shalbe gathered by the constable of
the id towne & by them liiiiitted into the hands of the Treasiu-er or the
constables, if appoynted to be the Treasurer of the id toAvnc, for the vse
afforeid.

The Gcnerall Court for the JNIassachusett^, being sensible of the exigents
of the country in respect of salt, haue appoynted M"' Joseph Hills, M'
Edmund Batter, M'' Edward Collins, & Ca^Jt Thomas Clarke, or any three
of them, to be a committee to treat with & agree with any marchant or others
that are willing to engage to supply the country with salt, according to the
ppositions mentioned in a draught of an order herevnto annexed, or to the like
effect, for the benefitt of the country ; & to the end it may be the better effected
& all occasions of objection *pvented, pclamatlon hereof to be posted on the
meeting house dore of Boston, & other publicke places ; the committee to
meet the O"" of this instant, 1655.

This Court, takeing into consideraco the exigents of the AA'hole country,
occasioned by the want & scarcyty of salt, not only for the ^seruing of flesh
& other domesticke occasions, but for the reviueing & vpholding of the fishing
trade, which lyes much discouraged & decayed, for redress whereof it is
ordered by this Court & authoritie thereof, that M' Joseph Hills, M"^ Edmund
Batter, Capt Clarke, & M"" Edward Collins be a committee to treat with &
compound with any marchant, in the name of this Court, for supplying the
country with salt from time to tyme, & to giue & take engagm* or socuritie
to the vse of the country & other ptyes as to them shall sceme noodfuU
therein, pvided the price no time cxceede 15» p hhd for all salt deliucrcd on

THE MASSACHUSETTS BAV IX NEW ENGLAxVD. 375

shippboaid, not aboue 16' p tihd from tlic store howse for all sould by the hhd
at a time, not aboue 2' 6'* p bushell for all lesser quantities retayled, and that
no country commodyty be refused at price current, & that a true acc° be keept
thereof, so that the ouerplus of j>fitt vppon the retayle (due charges deducted ,1
may be to the vse of the country, and that the agreement be not such as shall
phibite the selling of any salt made w^'in this jurisdiction, nor for more then
seucn years terme, «&; tliat one halfe pt of of the pfltts of all salt Imported by
any other pson shall by such vudertaker be yearly payd in to the countr\'
Treasurer from time to tymc for the bencfitt of the country, & the easing of
publicke chai-ges ; & it is further ordered, that no pson -vvhatsoeuer shall buy
any salt that shalbe imported by any other then such marchant or agent for tlir
country so engaged, on pocnalty or forfeiture of the suiuc, or the value thereof,
one halfe to such agent, the other half to the country ; nor shall any pson, on
any ]5tence whatsoeuer, any wayes sell or trade any salt to any fisher ma im-
ployed in taking or saving of ffish, for exportation, whether at second or S*",
or any other hand, for more then 2^ 6'' p bushell ; nor shall any sell any salt
at second or S"*, or any other hand, as aforeSd, to any other pson, for more then
after the rate of 3^ p bushell ; nor shall any that trade or sell salt to any man
refuse paym* in any country coinoditie *at price current, on pocnalty of for- [*449.]

feitm-e of the value of all such salt so demaunded & denyed, one halfe to the "- --

informer, the other halfe to the country ; pvided these prises & poonaltyes, in
this order expressed, extent only to salt imported from forraigne part^.

This Court, taking into their consideration the complayuts of seuerall in Corae& boards,
reference to the abuses coiuitted by diuers seamen, who, bringinge corne froiji ^^ ""'*^' )
Conectecott & other places, so measui-e the same as by experience is found willN^___- - ''
not yeeld so much, altho ^sently measured agajTie, by fowre or fine p cent, &
fmther, considering the abuse that is in cordinge of wood & measuring of
boards, doe therfore order, that it shalbe in the power of the select men of_
Boston, Charstowue, & Salem, & such townes within this jurisdiction as shall
se cause so to doe, to appoynt one, two, or more, as need shall require, who
shalbe sworne faythfiJly & vprightly to measme such corne, boards, or wood
as they shalbe called vnto, & that no man shalbe forced to receiue such corne,
wood, or boards, except they agree thereto, but such as is measured by such
pson or psons so appoynted & sworne, the ptyes receiuing the corne, Ijoards,
or wood to pay for the measuring thereof.

For pvention & redress of many misdemeano''* & cvill practizes daylie House of cor-
increasingc, to the dishono"" of God and dammage of the coimtry, it is ordred ''^''"°°-
by this Court & the authoritie thereof, that there shalbe a howse of correction
pvided in each county at the counties charge, to be settled, ordered, &

376

THE llECORDS OF THE COLONY OF

10 5.')

23 May.
Bridses.

Porters pay.

[*450.]

About 5
gcrs.

improued as the Magistrates in each County Court or Court of Assistants
siiall agree & direct vnto,- vntill this Court take further order therein.

This Court considering that bridges in country highwayes are for the
benefitt of the coiuitr)- in gencrall, & that it may be very vuequall to lay the
charge for such services on pticular townes, it is therefore ordered that, from
time to tyme, vppon information or complaynt to each County Comt of any
uecessitie or neglect in such cases, the Court shall appoynt a coinlttee to view,
consider, & determine the same, & that the charges shalbe pportioned by the
Magistrates in each County Court, to be levyed vppon the seuerall townes in
each county according to the direction of the law for the country rates vpon
the estate in each county ; & the law made in the yeare 1648, that laves the
charg of bridges on pticuler townes, is hereby repealed.

There being a very great abuse in the townes of Boston & Charlestowne
by reason of such psons *who take vpon them the name & imployment of
porters, who many times requii-e & exact aboue that which is just & righteous
for their labors, for the redress hereof it is ordered by this Com-t, that from
henceforth the select men of the sd townes, from time to tyme, shall haue
power to regulate in this case, & to state their wages as in their vnderstanding^
shalbe most just & equall, & also what psons shalbe imployd therein.

This Court having ordered that all bridges in country highwayes, as need
shalbe, shall, from time to time, be 'made & mayntayned by each county in
which they are, & that the bridge at Naponsit Kiuer is wholely I'uined, & that
there is, as is aleaged, a necessity of a cart bridge ouer that liuer in some
place neere M"'^ Stoughtons mill, which, if deferred, cannot be made vp before
winter, which, if it should not be, would be very dangerous to man & beast,
it is therefore ordered, that Capt Lusher, Capt Savage, M' Collicott, M"" W"
Parkes, Thomas Dyer, & Deacon Bass, or the majo'' pt of them, are ajipoynted
a committee to consider & determine ■whether to erect a bridge there, & if so,
then to agree with workmen for the same, & to returne the same to the next
County Court, who shall pportion the charg according to law.

The townc of Lyn, preferring a petition for reliefe in respect of their
bridg, are referd for answer to the law before goeinge.

There being complaynt made to this Court of very great charg arising to
seuerall townes by reason of strangers pressing in without the consent & ap-
probation of the inhabitant(^, & no law to fvent the same, this Court doth
therefore order, that henceforth all townes in this juiisdiction shall haue liber-
tie to pvent the coming in of such as come from other parts or places of theise
jurisdictions, & that all such psons as shalbe brought into any such towne
without the consent «& allowance of the prudentiall men, shall not be chargable

THE MASSACHUSETTS BAY IN NEW ENGLAND. 37'

to the townes where they dwell, but, if necessitie require, shalbe releiticd 1 (J 5 5.
& mayntayned by those that were the cause of their coming in, of whom y "~ *

, ' , , ■, ■ .... 23M.iy.

towne or select men are hereby empowred to requu-e securitie at their entrance,
or else forbid them entertaynmcnt.

This Court, considering the vrgent occasions of the country respecting Lyn bridge.
the bridg at Lyn, doe order, that INI' Edffi Batter, M"' Georg Gittins, M'^
Joseph Jewet, & M"^ Tho Layton ai-e a coiiiittee forthwith to consider & carry
on the compleating of the id bridge, & the next County Court to pportion
the charge to the townes in y' county, according to the law made this ^sent
session.

*A question being moued, whether the regiment of Essex or Suffolke [*451.]
were to be exercised tliis yeare, it was determined by the Courte, that only Essex to exet
Essex was to meete.

Thomas Kemble, of Charls Towne, pfering a petition for an order from Kembeis an-
this Court respecting an estate, now in his hands, of M"" Eofet Rich, his mas-
ter, & about the accounts betwixt them, rec this answer : that, vntill he be
sued here by his sd master, or his atturney, who can best satisfie the truth
of the account^, & who hath power to accept of them & to giue him a
discharg, he should rest satisfied, or else he is left to sue his m'', Rich, in
England.

M' John Alcocke, {Jferring a petition for the laying out of seuerall -pcells Aicocks an-
of land, as in his petition is exprest, receiued this answer : that the Court,
being satisfyed in the convayances of M' John Norris for 400 acors of land,
& of the 242 acors of the 4000 acors graunted to Roxbury, & also of M'
Palsgraues disposing of the 200 acors of land to his wife, & of the petitiono"
right therevnto by a ire of atturney, vnder the hand & seale of M"'* Anna
Palsgraue, doe order, that eyght hundi-ed forty two acors of land be layd out
vnto the petitiono', as is desired, by Ensigne John Sherman, with this pviso,
that no just clayme of any other children of the father of the petition^ if any,
be he thereby impayred vnto the two pcells of fowre hundred & 242 acors
of land in this petition expressed.

In the case between Elias Parkman, playnt, & Capt Daniel Gookin, de- Paikmans
fend', in reference to the sd Parkmans voyge to Virginia, the Court, vppon a '^^'^ "
hearing of the case, do judg, that, although there were fine psons, old &
young, shipt aboard the sd Parkman by the defend', yet, in regard two of
them were very young, that he should be allowed for transporting of three
psons & halfe only the sume of seuen pounds, & for a pcell of goods which
he caryed twenty shillings, of which we find payd in a prcell of tobacco 4"'
10% but nothing due to the playn? for the fowre thousand of bread which \\as

VOL. III. 48

378

THE RECOllDS OF THE COLONY OF

1655. shipt vppon another vessell ; as also doe find for the pluynt 3" 10** dammages,

'' & graunt him costs.

Country eifts There being information giuen to this Court, some gratuities giuen to

this country by some in England ai-e yet vndisposd of, remayning dormant,

this Coui-t doth order, that the deputyes of the seQall townes enquire into

this busines, to find out what may be justly due to the country, either in this

or any other way, & make returne of what they find to the next session of

this Court.

[*452.] *Forasmuch as, notw"'standing the meanes formerly ^•scd for the com-

ipswich&Bos- posing the matters in diffrence respectinge the case of 'M" Norton & the

ton case.

church of Ipswich haue been ineffectuall for that end & purpose, this Court,
being willing, if possible, to put an issue therevnto, vppon serious consider-
ation, can thinke of no better expedient then to call a coimcell of the elders
& messengers of chhs to help in this case, & doe therefore order & desire,
that the chhs of Eoxbury, Dorchester, Brauntry, Dedham, Charls Towne,
Cambridg, Watertowne, Sudbury, Salem, Lyn, Rowly, & Newbery doe each of
them send two messengers, to meet at Ipswich on the second Twesday in June,
to consider & advise in the p'mises, & to endevour to compose & settle the dis-
tractions ^t Ipswich, & to giue their judgm'^ in the case between the 2 chhs,
•whereby M"^ Nortons way may be cleared, & the obstructions which hath or
may hinder a comfortable issue of this long diffrence may be remoued ; &, to
g>vent dclayes, it is expected & desired, that the chh of Ipswich & the chh oi
Boston, by theire messengers & all psons concernd, giue this councell, at the
time & place afforesd, the opertunyty of meetinge with them to declare
what shall concerne themselues, or the councell se cause to cuquu-e of them
in reference to this busines. And we haue desired o'' hono''' Goflno'', M'
Bradstreet, M' Russell, & Capt Johnson to be ^sent at the Sd meetinge, to
j3>vent any inconvenience, & more pticularly to im2)art o'' desires & intent^, if
need require ; & it is ordred, that M'^ Eofet Payne shall take care for the
cntertaynment of the 5d councell & all psons concernd therein, wliich shalbe
satisfyed by the Treasurer. And it is further ordred, that the Sd councell
shall haue liberty to adjournc to some other place, if tliey shall see cause.

At the request of the inhabitants of Nonotucke, W™ Loulton, Thomas
Bascom, & Edward Elmer are appoynted to end small causes there, ^^•ho are
ordred to repayre to Springfeild coiuisslono'"', who are hereby impowred to
glue them their oaths iiccordlnge to law, & also to giue Robt Bartlet the oath
of a cunstable, being cald to that office there.

Capt Wiggan, havinge bin imployd by the Gen" Court, w"' other gent, to
bring in the casterne plantations, as a gratuitie in respect of his service, hath

Naatuck an-
swer.

Cap' Wigga
answer.

THE MASSACHUSETTS BAY IN NEW ENGLAND. 379

the graunt of two hundred acors of laud vppon the riuer that leads vp to 1 G 5 5.
Cochecha^Ficke, to be layd out by Edward Starbucke, Hatevill Nutter, & M'^ "^ * '
Edward Rishworth, or any two of them, & Capt Wiggan to be at the cost.

In the case of Capt Keane & JM'' Josiah Winslow, playntiffs, & IM"^ John Giffards case.
Giffard, deftend', for breach of couenants, refferd to this Court, the playnt not
appearing, the Court doe declare the playnt to be nonsuited.

*Seuerall of the inhabitants of Cambridge, liueinge remote from the townc, [*453.]
preferinge a petition to become a village or a towneshipp, the case is referd to Cambridge vii-
a coiiiittee, viz*, Capt Lusher, Capt Johnson, M"' Nowell, & M' Russell, who
are hereby appoynted to heare what the petitiono'"^ as also the chh of Cambridge,
shall aledge either for the graunting or waueing their jjpositions, & to make
retunie to the next session of this Court of their ap^hensions herein, vnles
the chh of Cambridge & the petition'* come to some settlement in the meane
time, vnto whom the petition'^ shoiild first aply themselves for releife.

In answer to the petition of John Eidgaway in respect of the case de- Ridgwayes
pending betweene him & M"^ Jordan, the Court thinkes meete, that M' Jor-
dan haue li^tie to try his action for that pticular case expressed in the answer
to M' Jordans petition the last Gen" Court, ^vided he pceede to triall at the
next County Court for that county ; otherwise this petitiono' to haue lifetie to
pceede w"" his action in Midlesex Court, else not ; & further doe order that no ad-
vantage should be taken agajTist the petitiono' in reference to what hath already
past at Cambridge Court in this case.

In answer to the pet of M' Henry Woolcott, of Winsor, respectinge the Woolcotts
case betweene him & Nicholas White, about the sale of a pcell of land, the
Court judges meet, that an order be made for the suspending of all pceedings
about the thirty pounds seuen shillings mentioned in his petition, & that it
remayne (in statu quo prius) as before the execution leuyed, expressed in the
petition, vntill the petitiono' may haue optunyty, either joyntly with Nicholas
White, or in the name & right of the sd White, though his consent should be
wantinge, that the petition"", either by himselfe or his atturney, may haue
optunitie to try or review his action as afForesd, for the clearing of the tytle
of the land sould by the petition'^ to the 5d White, in the County Court to be
held at Boston, in the 5"^ or 8"" mo"' next. And if the land shalbe recouered
of W Hutchinson for the Sd White, then the bill for the 30" 7' to be null,
without more impleadinge of White ; as also that then the Magistrates shall de-
termine all daiiiage respecting Isi^ Woolcott & Nicholas White, in reference to
all former pceedinges by their impleadinge of each other.

In answer to a pet ^sented by diuers of the inhabitants of Sudbury, re- Sudbury nnsw.
specting some diffrences falne out amongst them, it is ordred, that IMajo'^

case.

380 THE RECORDS OF THE COLONY OF

1 G 5 5. Willard, Ensigne John Sherman, & M' Thomas Danforth, are & shalbe a
* committee with full power & authoritie to heare & determine all the dif-
frences between all or any the inhabitants of Sudbury, in reference to what is
mentioned in their petition.
Cofliission" 111 auswer to a motion from the General! Court of Plymouth, it is

about o' line. ^^.^^.^^-^^ jj^^^j -^y-m Torrey & Cap? Richard Brackett are appoynted by this Court
to aj^poynt both time & place for the meeting with such commissiono'^ as shalbe
chosen by the Gen" Court of New Plymouth, & joyne with them in laying
out that marsh lying at Conahassett, belonging to this jurisdiction, according
to the former agreement between the commissiono" of this jurisdiction & New
Plymouth, as thereby may appeare, & so to make retui-ne to y'= next Court.
Capt. Leuciitts The Court hauing heard the chai-ge ag' Capt John Leuerett, & his an-

swer there vnto, in reference to the Dutch shipp called the Profitt Samuel, of
Amsterdam, & vppon serious consideration doe judge that such actinges, w"'out
the consent of athoritie here established, is a confronting of this goQment,
& tends highly to the infringing of o'' libtie, discouraginge of trade, & destruc-
tiue to o"' comfortable beinge here, if praitted or coniued at, and therfore can-
not but approue of the pceedings of the councell in this case, & their just &
due care to vphold the authoritie of this common wealth, w*"^ the liberties &
priviledges thereof; but forasmuch as the sd Capt Leuerett doth solemnly
pfess his fidelitie to this goQment, & the due honour that he beai-es there-VTito,
& that, had he foreseene liis acting^ & pceeding^ would haue bin offensiue,
he would wholely haue forborne the same, — ^'ppon these & the like considera-
tions the Court is not willing to heighten his censure pportionable to the de-
meritt of his offence, but shall onely adjudge a graue & serious admonition to
be giuen him by the GoQno'', in the name of this Coiu-t, hopeing that this o'
lenitie will be so improued by him as may deserue the further favour of this
Court.

M"^ BelKngham, M' Symonds, & Capt Wiggan, & any two of them,
are hereby appoynted, with the associates for the county of Yorkshii-e, to keepe
the next County Coiu-t at Yorke, at the appoynted time ; & the gent aboue ex-
pressed, with the sd associates, haue hereby graunted them the same comis-
sion in all respects as formerly was graunted by this Court to M'' Bradstreete
&: M'^ Symonds, Sc8, in reference to Kittery, Yorke, 8c6, & they are hereby im-
powred to act accordingly as they shall judge meete in sending warrants to all
psons not yet subjected to this gouernment, that are inhabiting w"'in the north-
erly lyne of o"^ pattent, so far as it is extended, & to take them vnder this
gouernment, &6, & to make their returne to the next Gen" Court, & the same
niagis'" arc desired to kcepe Court at Doner.

Yorke Courts.

THE MASSACHUSETTS BAY IN NEW ENGLAND. 3g;i

•Edward Breckes being fined 4" for not serving in the office of constable, 1 G 5 5-
& ]p>fering a petition for the abatment of it, the Court saw no reason to " "i^ "^

23 May.

^"""'''- .. . r455.]

In answer to the petition & seuerall Scotsmen who desire to be freed from g^ g^jjes ^ng^

their masters, the Court, seeing no proofe nor pbability of what they affirme, Scotsmens

se no reason to graunt their requests.

In answer to the pet of M"' SamuU & M"" Deane Winthrop on his brother M' Winthrop
Samuells behalfe, for one third pt of the 200" giuen Joshua Winthrop, the or- ''""^'
phan, the Court orders, that he be satisfyed by the Treasurer in such pay as
the country affords the 3'^ pt of two hundred pounds due vnto M'" Samuel
Winthrop, pvided he haue & shew forth a sufficyent powre, by ire of attiu"-
ney or otherwise, to receiue & giue discharg for the same.

Att the request of the deputyes of Salsbury & Hampto, JNI' Symonds
is appoynted to joyne w"' Capt Wiggans to keepe the County Courts at
Norfolke.

Seuerall of the inhabitants of Salsbury ^fering a petition to hinder the Salsbury answ.
setting vp of the fflotbridge upo Merimacke, which the Court saw no reason
to graunt, but did order, that the bridge should be lett fly in the moneth of
September, that the petition"^^ may haue due time to transport their hay with-
out any lett or hindrance, & dureing that time Georg Carr is to keep a suffi-
cient fferry boat on that side.

In the case between Capt Rolit Keane, playnt, & coiiiiss<"^ for the vnder- Iron workes.
takers of the ii-on workes, & M^ Robt Knight, deffeud', the Court doe judge,
that the playnt is nonsuited in i-egard he refused to giue securitie according to
law, to be responsall in case the deffend' should recouer ag' him, but declared
that he would rather yeeld vpp his comission then so doe.

The returne of Majo'^ Symon Willard, M'^ Edward Jackson, & Thomas Watertown
Danforth, coiuission'''' appoynted by the Gen" Court, the 4"^ of May, 1654, in
reference to the pet of the select men of the towne of Watertowne, & Chris-
topher Graunt, w"' others of the inhabitant^, &<3, to here, consider & deter-
mine all differences between the sd pties, the aforeSd coinission''% in order to
theire coiiiission, niett the 9th of Fe'', 1654, before whom the foresd petition"
appeared, & declared theire respectiue greiuances concerning diners graunts
& allottm*^ sundry yearcs past made in their towne, the pticulars whereof
were, by a joynt consent of both ptyes, referred to these 4 heads, viz' :
1. Plowland ; 2. Land in licw of towushipp ; 3. Remote meddowes ; 4.
Farmes. The afforesd coiuission", having fully heard & examined the com-
playnts of the petition" touching their seGall i'rests & wrongs *in all the P456.1
aforesd lands, doe hcrehv declare their detenninatio for the regulating each

382 THE RECORDS OF THE COLONY OF

seuerall devlsion as they are vnder the aboue named denominations, in manner
as followeth : —

1. For the plowland, & psons intressed therein, it appeares to y* comis-
sion''' that the devision of land was, diners years past, graunted & lotted out by
the consent of the towne ; & that the most pt thereof (if not all) haue bin
already measured out, although diuers of the pprietors therein haue now lost
theii" bounds & stakes : the coinission''^ doe therfore order, that all such ppri-
etors as can proue then- bounds by ancient markes, their iatrest in such lotts
shall remaync good.

2. That what any mans lott shall exceed aboue one eyght pt more then is
graunted him in the town records, euery such pson shall purchase it of such
pson as wants his due intrest & portion in those lands, & by lott is the nearest
of those that want their due to that place, or else shall part w"" his oQplus to
him that so wants of his due ; pvided, alwayes, such ouerplus shalbe legally
proued, & the bounds thereof actually determined, at farthest, w"'in two yeares
after the confirmation hereof; also it shalbe in the libertie of the p>seut possess-
ors to choose at what end or side of his lott he will retayne his due quantitie,
so as he take it together.

3. That so much of the afforesd plowland as shalbe foimd vnbounded, or
the bounds thereof vncertayne, shall agayne be measured & layd out, •n'ith
due respect to euery mans lott & quantitie ; & in case it fall short, then euery
pprietor so fayling of his due shall haue a pportion addition layd to his
land & lot that he is to haue in Hew of townshipp, which pportion shalbe two
acors in liew of one y' he wants of the plow land ; & such pson as haue no
land land in liew of townshipp shall come in by lott for allowance, wliich
shalbe made them from the neerest coiuon land remayning when the land in
liew of township is all layd out, tlie pportion being three in liew of one tliat
is wanting of the plow land.

For the land in liew of township, & psons intrested therein, it appearing
to the coiiiission'^ that the devision of land was graunted by the towne, & lotts
also drawn vpon it, & tluit hitherto there hath bin much of it vnlayd out, &
that that pt thereof ^\■hieh hath bin measured, the manner thereof is not only
contrary to the agreement made when the lotts were ckawne, but also very
injurious to those y' are yet behind ^■nlayd out ; in reference thereto, the
coiuission" doe therefore order, that the measm-ing & bounding of any pt
[*457.] thereof formerly dpne, *if any so be, shall hereby be made voyd & null, &
euery pson intressed therein shall haue his former quantitie, as is allowed him
vpon record in the towne booke, with the addition of w' he wants for his plow
land, ("if any hnjipcn to l)p,) measured & layd out to him, in order as they

THE BIASSACHUSETTS BAY IN NEW ENGLAND. 383

fall by lott ali-eady drawnc, begiuiug at the angle y' is made at tlie meeting of
the plowland & devidents, only the land shalbe first devided into 4 cqiiall
diuisions, according to the first agreement.

3. For the meddow, & psons intressed therein, it appearing to the
coinissiono" that the graunts of the seQall alottni'^ therein haue bin made by
the towne, & so farr as they are layd out they haue bin done by a surveyo"^
irapowred by the towne ; in refei-ence thereto, the coiiiission""^ do therefore
order, 1. That euery pprietor therein pueing his lott that he holds, layd
out & measui-ed by the surveyo"^, y* was allowed by the towne, & not exceed-
ing aboue one eyght part aboue liis portion to him due to him vpon the towne
booke, except only such psons as haue seflall lotts layd together, which fell
not together by lott, eueiy such psons intrest therein shall rcmayne good.

2. Where any shall haue any meddow taken out of his posscssio, either
for exces in quantitie or disorderly addition of lotts, euery such psou shall
haue libertie to retajTie which of his lotts he pleases to haue in that place, &
also to choos at what end of the meddow he wilbegiu the measure of of his
due quantitie therein, to be layd out as neere together as the place will
pmitt, that so no vnnessessary daiiiag or vnequalitie be put vppon any
pson.

3. That such psons as are not able to proue their bounds nor place as
afForesd shall haue their respectlue dues measurd out to them of the meddows
remayning in common & vndevided, as neere as can be according to the fii-st
originall graunt ; & for direction herein it is orclred, that John Lawrences
meddow shalbe accounted the first poynt or center, & so to pceed in dis-
tance from that according to distance in lott^; pvided alwayed, that when any
meddow is orderly entred vppon, it shalbe all layd out before another
be begun.

4. For farme land & psons intrested therein, it appearing to the coiiiis-
siouo"^ that their originall graunts, especially of some of them, was neither
legall nor equall, neither for places nor quantities, & also that those acts
vppon record concerning the *ame haue bin alwayes disalowed by the town in
gen", by reason Avhereof the graunts of all are made uncertayne, respecting
both places & quantities ; in reference thereto the coinission'^ doe order, —

1. That euery pson having a farme graunted him vppon record in the
towne shall haue a pportionable intrest *according to his number of acors in [*458.
all that farme land, & that euery pson intressed therein shall draw lott agayne
for the same, as well those y' haue akeady draivn as those y' haue not, & the
laud to be plotted & places ccrtaynly determined where to begin & how to
pceed before tlic lotts be ibuwnc.

384 THE RECORDS OF THE COLONY OF

2. That no pson or psons shall comence an action at law agaynst either
the select townsmen or the inhabitants in gen", for a devision of these farmes,
vntill the majo'' pt of the psons intressed therein shall desire a devision there-
of, & agree thereto, or the Generall Court shall please to take speciall order
therein.

It is also ordred, that all such psons as clayme any intrest in the remote
meddowes shall bring in all their evidences, (pueing all the lawfull measuring
vnto them,) in writeing, to the commissiono'^ vppon the 20* of this instant,
to be examined, vppon penalty of forfeiting all their intrest therein. The
commissiono'^^ doe nominate Deacon Ephraim Child, Deacon Thomas Hastings,
Ensigne Joh Sherman, Serg* Joh WincoU, & "W"" Bassum, or any three of
them, a coinittee to lay out all these seuerall pcells of land, with due respect
to the rules aboue ^mised.

yres answ. There being a petition p>ferd by M"^ Eires & seuerall others, of Water-

towne, about the confirmation of lands formerly graunted them, who are
referd for answer to what the comissiono'' haue done in the foregoing re-
turne.

jbyes answ. In answer to the pet of Edward Kibby for relief of in respect of a child

now in his custody, of Garret Bourn, this Court orders, that the land & howse
of the id Bournes, now vnder seazure by the country, shalbe disposed of for
the childs vse, by the select men of the towne of Boston, provided their
power shall not extend to make sale of the same, but the proprietie to remayne
to the child.

orters answ. Grace Porter, of Watertowne, ffering a petition for power to make sale

of a certayne howse & land left her by her deceased husband, hath her petition
graunted, ^Tiles Daniel Smyth, of Watertowne, husband of the daughter of
Tho Rogers, mentioned in the petition, shall, at the next session of this Court,
shew cause to the contrary, pvided that Ensigne Joh Sherman glue notice to
Daniel Smyth of the Courts consent herein.

louds answ. John Bloud, of Concord, ^fering a petition for confirmatio of 400 acors

of land bought of M"^ Samuel Haugh, the Court, being satisfyed that it is layd
out according to the graunt, thinke meet to graunt his petition.

[*459.] *It is ordred, that the secritary shall issue out warrents to the constables

of the seuerall townes within this jurisdiction, to send him a true list of all the
males within their respectiue townes, from sixteene yeares of age to sixtie, be-
fore the first of August next ; & if any cunstable shall neglect to make their
rcturne as afforeid, he shall forfeit fine pounds to the treasury.

uids case. In the case of Rofet Lord, playntifc, & Nathaniel Boulter, defend', the

Court, on a hearing of the case, doe find for the playntife.

THE MASSACHUSETTS BAY IN NEW ENGLAND. 385

Whereas M'' William Worster, M'' John Brock, & M'" Valeutlue Kill 1G55.
•were chosen as coinissiono''' by this Court, & invested with full power to heare ' "^ '
& determine all matters in difference between the towne of York & M"' Goduv, ,, „ , ,

- ' M' Godti-ys

in relation to the graunts of certayne lands, which accordingly they haue cu- •^''^e.
deavoured to doe, & made their returne to this Court, agaynst which the in-
habitants of Yorke haue made some objections respecting the confirmation of
vnknowne graunts made by the sd M"" Godfry before the date of their returne,
as also the graunt of lands JJjudiciall to the towne, which this Court having
considered off, doe tliinke meet to reinvest the foresd coiiiissiono''* with full
power, & doe hereby desire them, with all convenient speed, to make review
of their returne, & if it may be by consent of all psons engaged to compose
the same, to mutuall satisfaction ; or if otherwise, to make vse of such their
powre to correct or amend what in their vnderstanding, vppon further informa-
tion, shall appeare to be of evill consequence to the towne, or any pson con-
cernd therein.

The inhabitants of Dedham, ^feringe a petition for releife in respect of Dcdhams
some affronts offred them by the Indians, as also as also some difference in re- ^"^''' •
lation to land betweene them, are referred to a course of law for releife in
y' case.

M"* Elinor Hooke pfering a petition to take into her possessio, & to make M"" Hookea
sale of, certayne lands belonging to her first Irasband, at the eastward, hath ^^^'"'
her petition graunted, viz', all such land as doth clearly appeare somtime to
be the estate of Capl Norton, her sd husband, pvided there be no legall con-
vayance of the land heretofore made.

The afforeid M"^^ Hooke, pferiug another petition for the disposing of the
estate & lands of her late husband, M' W" Hooke, receiued this answer : that
the Court thinkes meet to giue her power to make improuement of the estate
& lands, & pduce thereof, left her by her id husband, & to deraaund, receiue,
& recouer all debts, rents, revenues, & pfitts thereof, for the discharg of just
debts & accoiiiodat of her selfe & yongest son, mentioned in the pet, but not
to make sale of any land till the Court take fiuther order therein.

*George Parkhurst, pferinge a pet for power to sell a pcell of land at [*460.]
Watertowne, hath his request graunted, pvided that two third pts of the price Parkhust
be left in the hands of M'^ Browne for the vse of her two eldest sonnes, to be
payd them when they shall come to one & twenty yeares compleate, & in tho
meane time to be improued for their benefitt.

Ensigne Jerimiah Howchen, being ensigne to Capt Thomas Clarke, vpon M' Howchin
his request to this Court, hath liberty to lay down his coiiiission. dbi.ust.

T 1 • • c X • • 1 TT 1 1 • • 1 ^^' Hochcns

In answer to the petition ol Jenmiah Howchen, administrator to tho ^nsw.
VOL. III. 49

THE RECORDS OF THE COLONY OF

estate of Edmund Gross, & in behalfe of his widdow & her childi-en, it is ordred,
that an inventory of the estate of the sd Gross being truly brought in to the
next County Court for SufFolke, the estate shalbe thus devided, that the wid-
dow shall haue one third pt of the whole estate, the eldest son a double
portion, & the rest to be devided between the rest of the children, pt &
part like.

Indian. Awussamug, an Indian, f?ferring a petition for releife in respect of vn-

just molestation by Capt Keane & M"^ Parker, is, for answer, referd to a due
course of law.

Returne from Whereas we, whose names are vnder written, being authorized by the

Gen" Court, in October, 54, to deale in matters in diffrence amongst vs in
Yorkeshire, about country charges, we not being able to act according to the
vttmost extent of o'' order, for want of light, but according to o"^ best abillities
we haue efected so much as is satisfactory to both pties herein, yet, notw""-
standing the psou appoynted for Kettery in this busines refused to apply
himselfe to the Coiu'ts order, & haue not brought in the valuation of then-
estates, yet we haue fauvoui-able & fayrly acted for them as for o'^selues, as
may appeare by these seuerall sums y' follow, as we are credibly informed to
walk, & in valueation we find these pticulers to be that charge that necessa-
ryly arise {equally pportioned from the countyes estate : from Kettery, w"^
that pt of the He of Shoales belonging to it, 45" 15' 0 ; Yorke, IT" 17= 00 ;
Wells, 1.3" 10 00 ; Cape Porpus, 4" 8 00 ; Saco, 10" 05 00. P nos, Abram
Preble, Eob? Booth, Jonath Thing, & Griffen Montague. This returne was
api^roued of by the Gen" Court.

Jenksinventio. It is ordi'ed by this Court, that Joseph Jenkes, Senio"^, & his assignes only,

shall haue liberty graunted to them to make that engine the id Jenkes hath
pposed to this Court for the more speedy cutting of grass for seuen yeares, &
that no inhabitant, or other pson within tliis jurisdictio, during that time shall
make or vse y' kind of engine without lycence fii'st obtavTied from the id
Jenks, on the poenalty of fine povinds for euery such engine so made or vsed
as afforesd, to be recouered at any Court in this jurisdiction by the id Joseph
Jenkes, Scnio''.

Munings fine. There being due to the country from Georg Mailings fine pounds, & 6"

13' 8*1 which he hath bin fined by the Courts, vppon his petition this Court

doth abate the fine pound, & y' the other; be abated to 4", pvided it be fortk-

w"" satisfyed, & the Court here no more of it.

[*461.] *Whereas Cap? John Leueritt, for his late actinge in reference to the

Capt. Leueritt Dutch shipp, was by tliis Court censured & suspended the exercise of his

restored. /»- /• n i •

office of captayne, &d, whereby whereby the liberty Sc authoritie of this

THE MASSACHUSETTS BAY IN NEW ENGLAND. 387

goueniment is vindicated, which was the intent of that sentence, not the loss 16 5 5.
of y" helpc of any vsefull pson, which we are wiUinge to emproue, & the ' ^^ '
Court, being well pswaded that the sd Cap? Leiieritt will, according to his
pfession & duty, direct his actinges for the future to the advauncment of the
welfare & authoritie of this gouernment, haue reversed that pt of his sentence
whereby he stands suspended the exercise of his office, & doe hereby restore
him to his place, pvided that he giue satisfaction for his bringing in a pa; r
which he affirmed to be a copie of an old record of this Court.

Chi-istopher Lynsie being long since wounded in the Peq^uot service, & Lynsies answ
disabled from service for 20 weekes, for which he neuer had any satisfaction,
vppon his request to this Court, it is ordrcd, that he shalbe allowed the som
of three pounds.

Kobt Turner p>senting a bill of "charges for entertayning the councell
(employd, by order from this Court, about M"^ Nortons case) to the value of
gu ^s iQd^ j^ig g(j IjJ^ jg allowed, & ordered to be payd by the Treasurer.

In answer to the petition of the inhabitants of Shawshin, for a pcell of Shawshiu
land lying vpon Concord Riuer side to the Indian plantation at Pawtucket,
this Court thiukes meet to graunt theii' request, viz', the tract of land men-
tioned in their pet, if no former graunt be made to any other, & that the
name of the place be called Billicary ; & whereas there is a motion made,
that the next president may haue a farme of fiue hundred acors in this place,
the Court doe not consent thereto, as conceiuing it to be very pjudiciall to
the plantation, but are willing to graunt it in some other place, where it may
be found according to law, pvided the psident contynue in that place three
yeares.

There being a bill of charges (^sented to this Court) spent at Ipswich, Charges al-
at the meeting of the councell there, about M'^ Nortons case, to the value of
of 24" 17^ 3'', which this Court thinkes meet to allow, & doc order it to be
payd by the Treasurer in the best pay he can make.

Seuei-all of the inhabitants of Concord p>fering a petition for the graunt Concord.
of sqme land, in answer wherevnto, the Court thinkes meete to graimt them
fiue thowsand acors in the place mentioned in their pet, pvided it hinder not
any former graunts.

Zachariah Fitch & Josiah Dastin, ^fering a pet for the remouing of a Fitchs answ.
•high way through theu- *planting ground, rec this answer : that the Sd high- [*462.]
way shall & hereby is susjjended from being made vse of for p>sent, & that
the first highway formerly layd out shalbe made vse of, & accounted only the
countrv his^h wav, till this Court shall take further order, that so not only

388 THE RECORDS. OF THE COLON? OF

1655. psent contentions & suits of law may be p von ted, but fiuthiir oppertunitie of
* ' ' better information be giuen to this Court for the regulating thereof.

M"' Edward Eishworth, deputy for the towne of Yorke, vpon lis vrgent
occasion, is dismist from any further attendance on this Court.

Margeru;answ. Richard Margerum, pfering a pe? for releife, in respect of an estate, as

he affirmes, vnjustly detayned from him by M' W" Browne, of Salem, is
referd for recouery of the same to a course of law in a Court of justice.

The depu'' of Salsbury & Hampton, prefering a pet for some some ease,
in respect of the charg of their County Courts, the fines & actions not
defraying the costs, were answered, that the law had already pvided in
this case.

P'sidents sup- M'' Charles Chauncey, ;psident of the coUedg, standing in neede of jJsent

"^ ^' supplyes, in respect of his necessitie the Treasurer is hereby ordred to dis-

burse the some of thirty pounds to him, to be repayd him out of the first
rents of the fferry.

Groaten There beinge a pet pferd by IM'^ Dean Winthrop, INP Tho Hinkley, «&

diners others for a plantation vpon the riuer that runs from Nashaway into
INIerimacke, called Petapawage, & another from some of the inhabitants of
Concord, for a plantation in the same place, to both which the Court returned
this answer : that the Court thinkes meet to grauut the petition" eyght miles
square, in the place desired, to make a plantation, which henceforth shalbe
called Groaten, formerly knowne by the name of Petapawoge, & that M'' Dan-
forth, of Cambridg, w"^ such others as he shall associate to himselfe, shall &
hereby is desired to lay it out w"' all convenient speed, y' so no encoui'agment
may be wanting to the petitiono''^ for the speedy pcureing of a godly minister
amongst them ; pvided, that none shall enjoy any pt or portion of the land by
guift from the select men of that place, but such who shall build howses on
their lotts so giuen them, within eyghteene moneth from the time of the
townes laying out, or townes graunt to such psons ; & for the fsent M'
Deane Winthrop, INI' Thomas Hinkley, & Job Tyuker, Dolor Davis, W""
]\Iartin, Matbew Parringdon, John Witt, & Tymothy Cooper are appoynted
[*463.] the select men for the id towne, for two *yeares from the time it is layd out, to
lay out & dispose of pticuler lotts, not exceeding twenty acors to each howse
lott, & to order the prudentiall affayres of the place ; at the end of which
time other select men shalbe chosen, & appoynted in their roomes, the Sd.
select men glueing the survayor such satisfaction for his service as they & he
shall agree.

Timothy Coop being indebted to the country ten pounds, vppon the

THE MASSACHUSETTS BAY IN NEW ENGLAND. 389

forfeiture of a bond in which he stood ingaged for M'^ Joh Jarvis, vppon his 16 55.
pel to this Court, it is remitted to 20'. ' '' ^

23 May.

Richard Pooley, being committed to p''son for having a hand in convay- p^^^^
ing away of Hester Lugg, vppon his request to this Court, may be freed from leased.
imprisonment, he giuing in bayle to the value of 20" to the keep of the p''son
to answer his sd fact at the next Court of Assistants.

In answer to the pet of Edward Saunders, craving the favour of this Saunders re-
Court for the leaving of from his necke his sentenced halter, the Court,
having rec some testemony of some good effect his punishment hath pduced,
doe graunt his request.

The townes of Hampton & Rowley, prefering a pet for & about a high High way.
way from M' Carrs fferry to M"^ Clarks farme, are referd for answer till the
next session of this Court, & that Newbery deputy giue notice to their towne
of the same, that they also may haue liberty to to speake in the case.

M'' Joseph Hills, ^fering a pet for the repayment of the some of 13" J. Hills.
6' 8, being imposed on him as a fine about the case respecting M' Mathewes,
& also of aquiting the church of ]\Ialdon of the rest, or y' the pef & Leiu?
Wayt may be forgiuen their offence, & discharged of the two pts of the fowre
charged on them, rec this answer : that the Court doth well approue & accept
of the petitio" acknowledgments of their iregular actings in those times, but
vnderstanding y' much, if not most, of the fine being payd for, & y' the rest
is secured, & should long since haue been payd in, the Court doth not thinke
meet to graunt the petitiono" request herein.

At the request of o' ^sent honoured Gouerno', Joh Endecott, Es^, the Catta island
iland called Catta Hand, being about two acors, Ijing neere to Marble Head, Endecott.
shall & hereby is graunted to him & his hcires for cQ, pvided it be not giuen
to any towne or pson akeady.

In answer to the pet of Alice Colcord, liberty is graunted her to review
any case, according to her desire, & to recouer any thing justly aptayning
to her.

Elizabeth Rider, the wife of Thomas Rider, of *Boston, being left by her Elizabeth
husband with fine small children to majTitayne, & no meanes wherewith all

to keepe them, desireing libertie from this Court to sell a bowse & land in
Dorchester, which her father, W" Lane, gaue to her & her children, in an-
swer to her request, it is ordred, that the select men of the towne of Boston
shall & haue powre to dispose of y» id howse & land, either by sale, morgage,
or otherwise, as they shall judge meet, for the vse of the petitio"", which
this Court doth hereby confirme & allow.

Whereas M"" Nathaniel Edwards, about 18 mo"i' agoe, did suddenly dy

[*464.]

390 THE RECOROS OF THE COLONY OP

vppon his returne fi-om Barbados, & y' an administration was graunted vnto
jM"' Joseph Hills, of Maiden, of the estate of the sd M"^ Edwards, vnto whom
for his funerall «&: otherwise there is something due, as also to M"" Theodor
Atkinson, M"" Nathaniel Williams, M' Broughton, & others, out of the id
estate, which, if they should be issued by sute of law, might be troublesome
to Courts, & shortening the estate, to y° loss & dammage of the creditors,
it is therefore ordred by this Court, that all such debts as aiforesd & otherwise
that shalbe made to appeare vnto the ]SIagistrates of Boston or Charlstowne
Court, & by them be allowed of to be truly due out of the estate of y° sd
M' Edwards, shalbe satisfied as far as the estate will extend, M'ithout sute
in law.

Stephen Day, of Cambridg, p^fering a petition for the recording of 300
acors of land formerly giuen him, as he afiirmes will be made good by suf-
iycyent testemony, the Court, in answer to his request, thinkes meet to graunt
that it shalbe recorded.

]\jr ■\ym Aubeiy havinge vsed some reproachfuU speeches concerninge
the Gen'^ Court, it was ordered, that the id Aubery should be seuerely re-
proued in open Court, & make a publicke acknowledgment of his reproachfuU
speeches, or be bound to the good behavio'^ dureing the Courts pleasure, which
he pformed accordingly.

In answer to the pet of M' Brian Pendleton, respecting the estate of John
Wooton, now in the hands of M"" Tucker, the Covu-t doth order & declare,
that he hath full power from this Court the last yeare to act in the Jp^mises, &
expected an inventory of the estate to be brought in to this Court accordingly,
& therefore expect the petition'' should pceede according to an ordinary course
of law for the accomplishments of this Courts order in the case.

In answer to the desires of the inhabitants of Shawshiu, requesting
ifiiunities & freedomes from all publicke rates & charges at Cambridge, & that
all the land at that place, as well those apteyning to the j^sent inhabitants of
Cambridge as those graunted them by the Court, might belong intirelye to y'
[*465.] place, for the better encouragment & carying on of *publicke charges that
will necessaryly there fall out, we, whose names are herevnder Avritten, being
impowred by the inhabitants of Cambridge, at a publicke meeting of the
towne the 29* Jan: 1654, to make such ppositions & conclusions therein as
to vs might seeme most meete & equall, doe make these foUowinge ppositions,
with reference to the complyance of the aboue named inhabitants of Shawshin,
aboue menco'', & the approbation of the Gen" Court for the full conclusion
thereof

1. That all the lands belonging to that place, called by the name of

THE MASSACHUSETTS BAY IN NEW ENGLAND. 391

Shawshin, -with its apurtcnances, or later graiints made by the Gen" Court, as-
well those the pprietie & peculiar rightwhereof belonges to any pticuler psoii,
as those graunted by the towne or chh of Cambridge to that place for a towu-
shipp, as also those giuen by the inhabitants of Cambridge for the furtherance
& encouragment of a plantation there, shalbe one intu-e townshipp or planta-
tion alwayes freed & acquited from all manner comon charges & rates, of what
nature or kind soeuer, due or belonging of right to be payd vnto Cambridge,
by vertue of any graunt of y' place made vnto them by the Gen" Court.
2'y. That whensoeuer any of the inhabitants of Cambridge, their heiis or
assignes, whether in y' place or elswhere, shall make any improuement of
their lands aboue ^mlsed, more or less, by fencing, building, or breaking vp or
mowing of the meddowes, eueiy such pson shall pay to the comon charges of
y' place, viz'j Shawshin, suteable to his or their improuement of the afforesd
kind, in due pportion with the rest of the Inhabitants in that place, the whole
estate & improuement of the place being layd at an equall & pportionable
rate. 3'-''. That the inhabitants of Shawsliin shall, at all time & times here-
after, for euer, aquit & discharge the inhabitants of Cambridge fi-om all com-
mon charges, rates & dues, dutyes & incumbrances, by any manner of wayes
or meanes, due by them, to be payd, executed, or pformed by vertue of theire
intrest in that place, giuen vnto them by the graunt of the Gen" Coui-t. 4'^.
That whensoeuer any of the inhabitats of Cambridge shall alienat their ^sent
intrests in any of the aboue named lands from themselues & heires, then the
sd lands shall in all respects be lyable to common charges of that place, as
though those pticuler psons had had their graunts thereof made them fi-om
the id towne or plantation of Shawsliin. 5'^. That no pson or psons which
either haiie had or hereafter shall haue any lott or allottment granted *them [*466.]
In the aboue townshipp of Shawshin, in case they make not improuement
therof by building & fenceinge, especially the howse lott, shall haue any
power to make any sale or gift thereof to any other pson, but such lands &
allottments shall retiu-ne agayne to the towne of Shawshin ; & in case, after
such improuement, any pson shall then remoue, to the deserting & leauing
theii- brethren & neiboui-s that haue adventured, by theii- encovu-agment, to
settle there with them, no such pson or psons, for seuen yeares next ensueinge
the confirmation hereof, shall haue power to make either sale, gift, or any
alienation thereof to any pson or psons whatsoeuer, save only vnto such as the
greater pt of the inhabitants then resident at Shawshin shall consent vnto &
approue off. Lastly, that in case any greiuance shall hereafter happen to aiise,
which for the psent neither side foresee, nor is hereby clearly determined,
that then all such matters of greiuance or difference shalbe from time to time

392 THE llECORDS OV THE COLONY OF

16 55. heard & detennined by meet psons, thi-cc or fine, indifferently chosen by the

" r ' prudentiall men of Cambridge & Shawshin ; & these afforenamed ppositions

23 May. ^^ ^^ subscribed by all the ^sent inhabitants of Shawsliin, & by all such as
shall hereafter haiie any allotments graunted them there, & returne hereof
made to the inhabitants of Cambridge, witliin ten dayes after the end of the
first session of the next Gen" Court. Giuen vnder o' hands, the 17"" of 12""
mo"', 1654.

By vs,

HENRY DUNSTER,
RICHARD CHAMPNEY,
EDWARD GOFFE,
JOH: BRIDGE.

These ppositions aforementioned are accepted of it consented to by vs,
the p'sent inhabitants of Shawshin, & we doe humbly craue this bono"'* Court,
now assembled at Boston, to confirme & record the same.
Yo'' humble serv'^

R.iLPH HILL, Senior,

JOH: STERNE,

GEO: FARLEY,

JAMES PARKER,

JONATHAN DANFORTH,

HENRY JEFTS,

ROB^ PARKER,

W^ FRENCH,

W« PATTIN,

RALPH HILL, Jun,

JOH: CROE,

W CHAMBERLINE,

JOH: PARKER.

The Court doth hereby confirme the afForsd ppositions, according to the
desire of those who are concernd herein.

, [P.igcs *467-*471 are blank.]

M' Cluees * In answer to the ppositions ^sented to this Court by M'' George Cleeues,

*"'"■ employed by seQall inhabitants of the northerne pts of o' patent, ^tended by

them to be the province of Lygonia, the Court, havinge considered & com-

pard the patents pduced by M' Cleeues w* o' owne, doe find ours to haue the

pcedency, & so consequently the land in dispute to be o'' proper right by

THE MA33ACHUSETTS BAY IN NEW ENGLAND. 392

patent, lying & being scitua within 3 miles to the northward of the most
northerly pt of jNIerimack Riuer ; the bounds graunted vs by patent, as may
appeai-e by the originall, a copie whereof we haue deliuered, according to the
desires of the sd inhabitants, to M"" Cleeues, together with the testemonyes
of the survayers of the most northerly pt of Merimacke, & also of those y'
observed the palell latitude vpon the sea coast, in or neere vnto the Bay of
Casco, the search whereof, though deffered for some yeares, cannot fjudice o'^
right Avhen knowne, nor strengthen the title ^ others, becaiie we did not in
pticular challenge the A'ttmost of o"' bounds, which we could not in modcstie
doe till wc had thereof some assureance, though o'' generall clayme hath
bin constantly from the first to three miles northward of the most northerly
pt of the 2d riuer, in length & longitude, through the mayne land, from the
easterne sea to the sea on the west ; & therefor all graunts, orders, or combi-
nations, to, concerning, or of any psons w"'in the id lymitts, are invallid, null,
& of no force or obligation vpon y° conscience of any ; nor is there any feare
of imputation vppon y' account. How fayrely we haue demeaned ©""selues to
all o'' neighbours, in all o'' references & concernments, we leaue to them to tes-
tefie as they see cause; how, since we haue knowne o'' lymitts, we haue
ffrienly declared o' right to y^ inhabitants of those pts, hath bin to their con-
tent & approbation : neither was threatening euer objected to vs till now, too
soone, because too vnjustly, vppon those y' are innocent : we haue & doe mod-
estly demaund o"' right, & cannot accept of a denyall from those y' ought to
yeeld it, nor consent to any forbearance thereof, becaue we haue no doubt
therein, & find that thereby we doe but furnish others to object agaynst vs.
We haue not endevoured to infringe the liberties of the planters of those
lands, but haue offered them the same w*"" o'sclues ; nor to nourisli or ease
©■"selues by taxing of their estates, to ease o'^ selucs ; we expect no more then
what they formerly did, viz', bear their own charges ; nor doe we seeke to put
vpon them y' which we o'selues would count vnequall, viz', to subject to such
lawes *and constitutions, made by others w"'out their consent, it being the [*'iT3.]
portion of most of o'' fsent inhabitants, as of the subjects of most countryes,
to be in no other capacitie ; the constitutions of goucrnment & now modell of
lawes not being made in euery age of men, or vpon the ariuall of new coiners
to a colonye : if, therefore, the sd inhabitants shall endevour to pvcnt vs in o'
just rights, we must pfess agaynst their pceedings as vnjust, & shall advise
o''selues to take such course as shall evidence a'' desires to aquite o'' selues hon-
estly before God & men.

In the case of Thomas Kemble & Thomas Jcnncr ag' John Pearce, for Kembcii &
takcing & detayning their vessell & goods, which were taken at Kinnibccke, ^""'

vuL. HI. 50

394 THE RECORDS OF THE COLONY OF

after the hearing of the euidences, the Court declares, that at ^sent they see
no cause to determine it, but referre the playntifes to pseqiite theii- right &
intrests before his highnes the L'' Protector, in England, by way of cotn-
playnt or petition, as they shall see cause.

Breks answ. Edward Breeks, beinge vnder a fine of fowre pounds for refusing to

serue in the office of a cunstable, pferd a pet for the abatment of his id fine,
which the Court saw no reason to graunt.

Vpon the jiet of Jane Hawkins, libertie is gramited her to come into this
jmisdiction for two moneths to transport herselfe for England, & when shee
is here, if shee giue satisfaction to the County Court for the offence giuen by
her to the Gen" Court, that then the sd petition'" to hauc libtie to Hue &
remaync here.

Kices answ. In answer to the pet of Edmond Rice, for a pcell of land neere the path

leading to Conectecott, the Coui't referrs it to the next Generall Court for a
further answer, & in the meane time doe appoynt Leiut Goodnow & Walter
Haynes to view the land, & accordingly to make report to the next Court of
Election.

Trices of come. It is ordered by this Court, that the rate for this yeare, w* the addition

of one quarter pt, be payd in Avheat & barlle, att 4^ 6'^, pease at 4% rye at
3'' 6'i, & Indian at two shilliugs six pence. p bushell, & that one halfc of the
rate be payd in wheat, barUe, or pease, & y' Indian be payd in the tenth mo"".

Chcesiyes Philhp Cheestly being a wittness agaynst ilichai'd Nason, his bill of

costs of two pounds sixteene shillings is allowed by tliis Court.

Coinission" to Capt Joshua Hubbard & the other two comission" to end small causes

giue oa . _^^ hereby empowred to take the cunstables of Hingham oath for this yeare,
making a returne thereof into the County Court at Boston.
[*-i74.] *Att the request of the military company of Charlesto'i\-ne, Capt Francis

Capt. Norton. Norton is allowed & confirmed to be their captayne.

Dextcrs answ. In answer to the pet of Richard Dexter & Job Lane, humbly craueing

the remlttment of their seQall bonds forfeiture, being fiue pounds apeece, for
y' they brought not Alee Muzey before the last County Court, to answer for
seuerall thinges y' were layd ag' her, its ordered, that the petition"^^ haue their
bonds remitted to 20' apeece, pvided the petition" bring the sd Alee before
the Gouerno' or Dep' Gouerno', w^'in six dayes.

M' Lakes In answer to the pet of M'' Tho Lake, in the behalfe of himselfc & pno''',

for a devision of the land at Squamscot & Doner, it is ordered, that M' W"
Bartholomew, M"" Samuel Winslow, & M'^ Samuel Hall are hereby appoynted
& empowred as a coiiiittec to goe to Squamscott, & according to the pattents
thereof & this order, to make a just devision of that of Squamscott only, &

answ.

THE MASSACHUSETTS I5AY IN NEW ENGLAND.

395

that which hath reference to Douer be respited vntlU another time, makinge a 1 (> 5 5.
returne of what they doe to the Court of Election for confirmation. ' v '

James Rose, beinsf now in prison for abusino- his master, John Ruddocke, „ ^'

^ *■ c ^ 7 Mioses answ,

V]^)on his petition, & pmise of reformation, hath libertie to goe home to his Sd
master agayne.

Vpon the request of the inhabitants of Charlestowne, M'' Richard Charist.
Russell, Ralph Mowsall, & Thomas Lynd are appoynted as coiiiissiono" to
end small causes there, according to law.

In answer to the pe? of John Heydon, of Brauntry, the Court thinkes Heydon's an-
meet to allow him fiue pounds for this ]5>sent yeare, towards the releife of his ^*'"^'^'
distracted sonne, out of their country rate.

Att the request of the towne of Hampton, by their deputie, it is ordered, Hampton mar
that they shall haue a markett there one day in euery weeke, viz', on the fifth
day, which is their lecture day.

In answer to the pel of Richard Hitchcock, of Saco, a hearinge of the Hitchcocks
case is graunted, betweene Tho Warnar tS; him, about the graunting of a hugh '^'"*'''
& cry.

Whereas there hath bin a diffrence between Hampton «&; Salsbury, about Hampte
ruiilng of the line betwixt them, according to the returne, it is therefore °"" ^'
ordered, that M'' Edwai-d Woodman & Mathew Boyce are appoynted a
comittee & impowred to goe on the place, & determine the way of explana-
tion, where the direct line shall run betwixt them, & what shalbe done by
them, or any two of them, to be returned vnder their hands to this Court in
May next, w"^** shalbe a finall issue betweene them.

•Forasmuch as this Court is informed there is some wittnesses in Cal- [*475.]
cords case that were not allowed their charges, it is ordered, that it shalbe in Wittneses
the libertie of Salsbury Court to satisfie such wittnesses charges out of the
fowre pounds thirteen shillings, in M"' Stanions hands, as a fine to the country,
which yet is not payd in.

The Coiut, having read & heard the seuerall testemonyes brought in ag' Indian pun-
the Indian mayd, who is brought hither for killing of another mayd, doe not
find her guilty of wilfull murther, so as by o"^ law she ought to dy, yet notwith-
standing for such a great misdemeano', & for terror to others, to |Pvent the
like practises for the time to come, doe judg that shee should be whipt with
ten stripes.

The question propounded is, whether, that the magistrates being now Quest,
niett, it be judged to be a legall Gen" Court: the Court resolued in the " '^'° "'
affirniat. 24 : 8, 55.

Rowley

Whereas there hath bin a difference between Rowley and Newbery, about bounds.

396

THE RECORDS OF THE COLONY OF

1 0 55. inning the line betwixt them, according to graunts from Newbery, it is there-

" "^ ' fore ordered by this Court, with the consent of the ^ , & Capt Gerish &
M"" Woodma, of Newbery, that Deacon Whipie, of IpsAvlch, M'^ Hall, of
Salsbury, & Ensigne Howlet shalbe a coinittee, who are hereby impowred to
goe on the place, & view the same, & to settle & determine where the line
shall run betwixt them, & what any two of them shall vnder their hands
determine shalbe a finall issue betweene them, makeing returne thereof to
the next Court of Election, to be recorded.

lichelsons In answer to the pe? of Edward Mitchclson, the Court thinkes meet to

confirme the law made in 53, about strong waters, for two yeares more.

)iis answ. Ill answer to the pet of Abigail, the wife of Georg Dill, lately deceased,

the Court orders the widdow be allowed one third pt of her lat husbands
estate, both reall & psonall, & the rest to be devided betweene the children,
shee glueing in securitie to the Countie Court, according to law, for the
same.

ambridg There having bin heretofore a coinittee ajjpoyntcd to heare some

diffrences between the inhabitants of Cambridge & som farmes on the south
side of the riuer, of which M"' Nowell was one, who is now dead, & Capt
Johnson another, who is somthing intressed in the busincs, the Court orders
Major ^
[*476.] *I\Iajo'^ WiUard & some others of Concord, p>senting a petio to this

Court for liberty to make sale of an bowse & land, left to some orphans in
that town, hath his pe? graunted, & the id sale confirmed, pvided securitie be
taken, that the sd orphans may haue that which it is sold for, when they shall
come to age.

[The following pages, misplaced in the volume of original records, are here restored to their proper
place in chronological order. The portion that contains the earliest records of the year 1656 has no other
date given than the year ; but by compixrison with the fourth volume, which
General Court, the session is ascertained to be that held in May.]

ntains the records of the

1G5G.

1656.

THIS Court takeingc into serious consideraco the p>sent straights & necessi-
ties of the country in respect of clothing, which is not like to be so plen-
tifully supplyed from foraigne pts as in times past, & not knowing any better
Spinning rec- Way or meanes conduceable to o"" subsistance then the improueing as many hands

ommended for , . . . , ■■ , ^

all hands to be ^* ^^Y °*^ '" spminge woole, cotten, flax, &(?, it is therefore ordred by this Court
employed in. g^^ f],p authoritic thereof, that all hands not necossarvlv implovd on other occa-

THE MASSACHUSETTS BAY IN NEW EN(n.AND. 307

sions, as woemen, girles, & boycs, shall, & hereby are, cnjoyncd to spin acrord- 1 (I.")!;,
ing to their skill & ablllitie ; & that the select men in euery towne doe consider "~"~~> '
the condition & capacltie of cuery familie, & accordingly to assess them, as one or
more spinners. And because seuerall families ai'e necessaryly imployed the
greatest pt of their time in other biisines, yet, if opptunities were attended, some
time might be spared, at least by some of them, for this worke, the sd select
men shall therefore assess such families at halfe or a quarter of a spinner, accord-
ing to their capacities. 2'-^'. & that euery one thus assessed for a whole spinner
doe, after this jPsent year, 1656, spin, for 30 weekes euery yeare, 3 pound p
■\veeke of lining, cotten, or wooling, & so proportionably for halfe or quarter
spinners, vnder the pcenalty of 12'^ for euery pound short ; & the select men shall
take speciall care for the execution of this order, which may easily be effected by
deviding those seuerall townes into 10, 6, 5, to take an account of their de-
vision, & to certifie the select men, if any are defectlue in what they are
assessed, who shall improue the foresd poenaltyes imposed vjDpon such as are
negligent, for the encouragm* of those that are diligent in their labour. And
it is further ordred, that the select men in all townes within this jurisdiction
shall haue power to make such orders in their respectiue townes for the clear-
ing of commons for keeping of sheep, as also for the time of puting rams to
their flockes, as they shall judg meet ; & it is hereby ordred, that the depu*^
of the seuerall townes impt the mynd of this Court to their inhabitants, con-
cerning the soweing of seeds, both of hemp & flax.

*For the better ordering & settlelng of seuerall cases in the military [*16o.]
companyes within this jurisdiction, which, vpon experience, are found either Militia settled
wanting or inconvenient, it is ordered & declared by this Court & the author- g^os „(,( tg
itie thereof, that henceforth no negroes or Indians, although servants to the *^'""'
English, shalbe aj.-med or pmitted to trayne, & y' no other pson shalbe ex-
empted from trayning but such as some law doth priviledge, or some of the
Cormty Courts, or Courts of Assistants, after notice of the ptyes desires, to
the officers of each company to which they belonge, vpon just cause, shal dis-
miss. 2'^. It is further ordered & declared to be the mynd of this Court, in
election of military officers, that henceforth none but householders, fi-eemen,
& such as are already listed, having taken the oath of fidelity before the date
hereof, shall have liberty of vote ; & whereas this Court hath made seQall
orders concerning the pcedency of captaynes & their companyes, none of
which sd orders doth reach the case of the fower companyes of Boston, being
of equall standing, this Court doth therefore ordei", in reference to them, that Military regu
their precedency shalbe for the ^sent, & from time to time hereafter, according
to the prioritie of their coiiiissions. 4"'. It is ordered by this Court, that no

•398 THE RECORDS OF THE COLONY OF

1 G5G. troop within this jurisdiction shall exceed the number of 70 listed souldiers,
' '' ' who shall all be furnished according as the lawes doe ^vide ; & it is expected
that the captaynes of the sd troops respectiuely, & the majo"^ of the regiments
& majo"^ gen", doe, in theii- respectiue charges, take care that the orders con-
cerning troops be duely executed ; & bee some troops, liueing remote, doe often
avoyd the penaltyes of the lawes by reason of the intolerable burthen put vpon
the clarks to demaund & levie the same, its therefore hereby ordered, that the
clarkes of the troops, for their charges & travill in levying of all fines, shalbe
allowed the fees of y" marshall, to be by him levyed & distrayned, together
w**" the fines, pvided no distress be made w^'in one mo"" after the oifence, that
the ptyes may haue lifety to plead their excuses to the officers : and it is fur-
ther ordred, that no troop shalbe drawne out of the countyes by the capts
officers thereof vpon any occasion or f tence whatsoeuer, nor for exercise only,
or at the regimentall meetings, but by order from the majo' gen", & by his

[*166.] coiiiaund. * And for explanation of that pficular in the law respecting troops.
Law on com- niade in the 3d mo"', 1648, for free coinonage for their horses in any of the

mons ex- _

plained. towne conioiis where they inhabite, it is declared by this Court, that it is not,

nor shalbe, vnderstood or intended of such commons as are apropriated to
pticuler psons, vnles it be in time of exercise only ; provided that such ap-
propriated coinons be valued & rated in the anuall assessment, as all other reall

Surveyor gen- & psonall estate IS. 7'-^. & for a more constant supply of a coinon stock of

eral to inspect ,„_.... t i i i n i n i •

powder. j^owder & amunition, it is ordered, that tlie surveyo'' gen" shall yearly giue an

account to the councell of the id stocke, that accordingly the Gen" Court,
being by them informed, may, out of the publicke treasure, make a constant
supply, according to the need of the country.

Horses to In- Whereas this Court from time to time hath bin carefull to restraync the

gyjj, abuse of aiiiunition & thinges of like nature from the Indians, whereby they

may disturb o' peace & saftie, to ^vent what evill may ensue, doe further order,
that no pson, on any ptence whatsoever, shall sell or any wayes dispose of any
horse, mare, or colt, to any Indian, on poenalty of one hundred pounds, &
that this law shalbe of force, pvided that the rest of the Vnited Colonyes shall
establish lawes to restrayne their inhabitants on like poenalty.

Coinission" to It is ordered by this Court, that from henceforth any one of the three

comission"'' for the endinge small causes in the seuerall townes where no magis-
trate dwells, shall & hereby are authorized & empowred to solemnize maiiag be-
tweene ptyes legally published, pvided two of the sd commissiono''* be ^sent,
& all other coiulssions in this case ai-e hereby made voyd.

Treasurers "\"pon observation of some inconveniences, & for easeinge the country re-

spectinge the choycc of rountv Treasurers, it is ordered by this Court & the

marrv.

choyee.

THE MASSACHUSETTS BAY IN x\EW ENGLAND. 399

authoritic thereof, that after this psent yeare the choyce of county Treasurers, 1 G 5 fi.
in each towne, shalbe made vpon the day of their giueing in votes for magis- ' '^ '
trates, & sent by the same pson to their shire meeting, & there be opened & ^^^^^ xreas-
signified to the severall townes who is chosen ; any thinge in the former law '"'"■ chosen.
to the contrary notw"^standing ; pvided, that no clai-ke or recorder of any
County Court shalbe chosen Treasurer for the county.

*It is ordered by this Court & authoritie thereof, that it shalbe in the [*167.]
power of eiiery County Court to make vse of such prison as is at ^sent erected ^°"^'^ of cor-
in theii- county for a howsu of correction till the howses of correction be
finished ; & also to appoynt & authorize the keeper or some other meet pson
to be master of that howse, as they shall thinke good ; and that the select
men of the towne where such howse is appoynted shall haue liberty & power House of cor-
to procure, in a volluntary & prudent way, some competent stocke of hempe,
flax, or other mateiialls, & vpon account to committ the same into the hands of
the master of the howse, to be imployd at his discretion by the labours of such
delinq^uents as shall from time to time be committed to him by authoritie ; and
that the stocke being in value or kind ^serued to such as put in the same,
all the benefitt atayned by the labour of the psons committed shalbe to the
vse of the master, allowinge only so much, as will keepe the deUnqueut with
necessary bread & water, or other meane food, out of the same, as 4"* out of the
shillinge earned by his or her labour ; and that, at the first cominge into the
howse, the master of the correction howse himselfe, or whom he shall pcure,
or, in want of a fit pson, the comon corrector, in allowance by the Court, resid-
inge in the towne, shall wliipp the delinquent not exceedinge ten stripes ; and
after that he shall imploy him or her by dayly stint, & if he or shee be
stoborne, disorderly, or idle, & not pforme their taske, & that in good condition,
it shalbe in the masters power to abridge them of part of their vsuall food, or
giue them meet correction, as the case shall require, from time to tyme. It
shalbe also in the power of one magistrate to committ idle psons, stuborne
psons agaynst them that haue authoritie over them, rvmawayes, common
drunkards, pilferers, common night walkers, & wanton psons, as tending to vn-
cleanes in speeches or actions, & the like. And it shall not be in the power of
the master to deliuer out of prison any delinquent, vnles he hath a discharg
or warrent vnder the hand of a magistrate ; & if the delinquent be coinitted
by the Court, not to be deliuered but by order of the Court, or vnder the
hands of the greater pt of the members of the Court between Courts. And
euery County Coiut where such howse is in beinge are desired to consider &
ppound to this Court, cither for the benefitt of the master or of the imploym'

400

THE llECORDS OF THE COLONY OF

Springfeild
rates.

1 G 5G. of this howse, what may mcourage or further the same. This order not to be
in force after one yeare from the date hereof.

*Tliis Court takeinge into consideraco the vncertaynty of pcurcing salt
amongst vs for o' necessary vses, & what salt hath bin of late gotten hath bin
at veiy deare rates, & whereas M' John Winthrop pfereth to make salt for the
colonie after a new way, never before devised or practised, & desireth that
none other may make salt within this jui'isdiction for the space of 21 yeares
after his manner, w'^'' none before hath knowne or vsed, & that he may haue
that priviledge graunted him by this Court, this Gen'^ Court therfore doth
hereby graunt vnto the id M'' John Winthrop the priviledge of makeing salt
after his new way within this jurisdiction, & that none other diucing the sd
tcrme shall make salt after his manner without the sd M' Winthrops speciall
licence.

Forasmuch as the townes of Springfeild & Northampton arc so remote
that the Treasurer cannot send forth his warrents to them, as is .pvided by the
law, Charges pub, pag 9, it is therefore ordered by this Court & the authoritie
thereof, that the constables of the id townes from time to time shall call to-
gether their inhabitants in each towne, who shall assess their inhabitants, &
pay in the same according to law, vnles at such time or times as the Treas-
urer shall send them warrents, as the former law provides, then to make their
assessm''' accordingly.

Its ordered by this Court, that Capt Daniel Gookin, Cajn Francis Norton,
Capt Thomas Clarke, & the surveyo'^ gen" shalbe a coiTiittee to take the
Treasurers ace", & to make returne thereof to the next session of this Court.

In answer to the petition of seuerall of the inhabitants of Salsbury, com-
playninge & desireinge releife in resect of their jmy mens expenses, it is or-
dered, that if in time to come there shalbe ground of complaynt of this nature,
that they, vpon request to the County Court, should, in respect of their neces-
sary expences, be allowed it out of the county treasury, by vertue of the late
law for county Treasurers.
inimaus In answer to the pet of John Holman, of Dorchester, desireinge to haue

''^'''' his fathers will made voyd, this Court referrs it to the next County Coui-t for

Suffolk, to be heard, both ptyes & wittnesses, & if it appeare to the id Court,
vpon hea'ringe the case, that there is just reason to make null or alter tlic will
P169.] of the petitiono'^ father, then the id Court to state *the case, & report the
grounds thereof to the next session of this Court ; but if the contrary appear
to the id Court, viz*, that the will ought to reniayne in force, & the petio"
not to make any further trouble, & in that case, also, the id (Jourt to giuo
reasons to this Couit why they apphend the will ought to stand in force, &

audited.
Treasurer ace''

Salsburyes
answ.

THE MASSACHUSETTS BAY IN NEW ENGLAND. 401

also that securitic be forthwith taken by the secritaiy to the vahie of one 1 G 5 (5.
hundred pounds, vpon the estat of M'' John Hohnan, deceased, to be respon- " ^ '
sail' for what this Court shall determine & conclude herein vpon information ' '^^'
from the County Court.

In answer to the petition of M'' Symond Lynd, liberty is granted him Ljnds answ
to try the tytle of lands, or the case in his pe? raencbcd, at the County Court,
any thinge in the law to the contrary nctwithstandinge.

Vpon the request of the farmers, of the impost of wines, who aleage Farmers of
great losses already sustayned thereby, it is hereby graunted, that they be "^'^r°^e(l"'*
henceforth discharged of the agreement made with the country respectinge
the same, & the officer to recelue the impost shalbe the County Treasurer.

In answer to the petition of Nicholas White, the Court apphending that wiiitcs answ.
the petition" hath had much wi-onge & damage in beinge outed of his land by M""
Hutchenson, whereof ^ was possessed, & wherevnto, as it doth aj^eare, he had
just tytle, the Court therefore doth judge, that he ought to seeke reparation
legally at the hands of his disturbers, & that the Gen" Court order, dated
May 24"", 1655, respectinge this case, be & remayne in fall force.

This Court haueinge made an order in the 8"^ mo*, 1652, wherein M"" M'Ciarkes mo-
John Clarke was to liaue ten shillinges of euery family that should make vse
of his in-vention for saueinge of fire-wood & warminge of howses, which id
order was only for the terme of three yeares, which is now expired, vpon a
motion made to this Court in his behalfc, this Court thinkes meet to cou-
firme the id order for the terme of his life.

Its ordered, that Charlstowne Court be adjom-ned to the 29"^ day of Court ad-
June next, & this order to be posted on the vsuall places at Charlstowne &
Boston.

Its ordered by this Court, that jSIajor Atherton, the survey'' gen", & Cap? Castle comit-
Dauenport shalbe a coinittee, & are hereby impowred to finish the worke at
the Castle, & to fvide ladells, spunges, cariages, &6, at the countryes charge,
& that the capt of the Castle haue a coiiiission giuen, accordinge to the teno'
of his former coiiiission, that he, w"' the ^sent gai-ison, goe on w"' the coun-
tryes affayres at the Castle, till the next session of this Court.

*Att the request ^ o"" ^sent hono^'^ GoQno', Ensigne Hewlett & Lieut [*1T0.]
Howard arc appoynted to lay out the land formerly graunted him vpon Cou'uo', land,
Ipswich Riucr.

In answer to the petition of Barnabas Fawers execute'"', & oflseers of his Fawers will
last will & testament, liberty is graunted for a devision of the estate which the
id testator left to his wife & sonne Eliazur, & that the howse, prised at 180''r
shalbe estated on his sd son, & the other howse, piised at -10'', shalbe estatcd

VOL. III. 51

402

THE KEOORDS OF THE COLONY OP

Smyth, fine
abated.

Wheler, &c,
satisfyed.

Questi6
solaed.

on John Johnson, husband of Grace Fawer, the late wife of the foresd Barna
bas, & that the rest of the estate be equally devided so as to make the two
whole pts equall between the mother & the son, accordinge to the will.

John Smyth, of Charlstowne, beinge vnder a fine for selling of stronge
Avaters, vpon his request to this Court, hath his fine remitted to ten shillinges,
pvided it be payd in to the countie Treasurer vpon notice hereof

Joseph Wheller & Thomas Hincksman beinge imployd by the country to
find out those that sold powder, shott, & strong liquors to the Indians, are
allowed for their charges so much as will make vp what hath bin formerly
graunted them, six pounds & two shillinges.

In answer to a question ppounded by a member of the Coiu-t, viz',
whether he that serueth as a deputye the whole yeare, though called thereto
from session to session, hath not the same benefitt of law as he that is chosen
at first for the whole yeare, the Covirt resolues the question in the negatiue.

Yorke, &c,
boutfds.

[*in.]

Whereas it was ordered, by the coiiiissiono''* appoynted to take in Yorke
& Kettery into the Bay gouerm', that each towne should make choyce of cer-
tayne men amongst themselues to lay out the bounds betwixt the two foresd
townes, according to which order of the foreid coinissiono''^, we, whose names
are herevnto subscribed, being elected for that pui-pose, doe, vpon due con-
sideration thereof, mutually agree, pitch, and appoynt the bounds betweene
Yorke & Kettery, to begin as foUoweth, namely : at the head of Brayboat
Harbour, which is at the first & loest discent of that fresh brooke which lyeth
at the vpper end of the marshes, belonging to the id harbour, being in
distance about one mile & a halfe from the mouth of the harbour, & from the
head of that harbour to run in a streight line to the head of the south west
branch of the Riuer of Yorke, being *the next poynt of vpland where the
creeke treanes about to the north west, & so run from the sd poynt of vpland
vp5 a direct line vnto the south east side of a certayne pond which lycth
betwixt the north west branch of the Riuer of Yorke and Newythawanacke ;
in confirmation of which afibresd bounds, we haue herevnto set o' hands,
Decemb, 14, 1653.

NIC° SHAPLEIGH,
EDW: RISHWORTH,
ABRAM PREBLE,
Nic FROST,
JOH: DAVESE.

In the case between Grace Porter & Daniel Smvth, in reference to the

THE MzVSSACHUSETTS BAY IN NEW ENCLAX]). 403

sale of certayne lands, it was agreed vpon, -with free consent of both ptyes, l(jr)().
before the comittec for pet, that Grace Porter should haue full libertie, with "~ '' ^
the 'good will of Daniel Smyth, her son, to dispose of the howse & vpland in ^ pofjer
question, for the vsc & mayntenance, by sale or otherwise, but should not dis-
pose at all of any meddow land that is not already disposed of, which this
Court doth approue of.

Joseph Jones, of Ilingham, vpon his pet to this Court, hath his line, iir Jones answ.
bartring a gun with an Indian, abated to 30".

Richard Nason being bound to the good behavio"^ in the svm of ;30'', >&
Geo Dod & Leonard Buttells in 10'" apeece, the Court doth not now thinke
it a meet time to release him of his bonds.

M' Elizur Holioke, vpon his request, is dismist from being a deputy of Mr. Holioks
this Court both for this & the following sessio.

In answer to the pet of seuerall of the inhabitants of Sudbury, this Court Sudburys
thinkes meet to graunt the petitiono'* a pportion of land, of six miles square, or
otherwse in some convenient forme equivolent therevnto, at the discretio of
the coiiiittee, in the place desired, pvided it hinder no former graunt, & that
there be a towne setled with twenty or more families within three yeares, so
as an able ministiy may there be mayntayned, & that Capt Eliazur Lusher,
M'' Edward Jackson, & M' Ephraim Child, or any two of them, with the
artist mentioned in the pet, or ether of them, lay out the bounds thereof, &
make retiu-ne to the next Court of Election, or else the graunt to be voyd.

In answer to the petition of the towne of Hampton, for settleinge of the Hampto
boundes betwixt them & Salsbury, this Court orders, for a more full satis-
faction, & g>venting of further discord between the townes, that the former
comittee, or any two of them, together w"^ M'^ Dudley, doe agayne consider
of the case, & here the alegations of both ptyes, & ^sent a returne with a
plat drawne & signed by som artist at the next session of this Court, with
their full determinatio & explanation of the line betwen the sd townes, & the
charges to be borne by Hampt5 only.

In answer to the petition of the oixerseers of the children *and estate of [* 172.]
Thomas Brigham, for confirmation of the sale of certayne bowses & land, left Brighams
by him to his wife & children, this Court, on pvsall of the will of the id
Brigham, thinkes meete to graunt the pet, pvided that the oQseers doe glue
security to the County Court, to the vse of the children, for the princypall &
effects thereof, as is exprest in the pel.

It is ordered by this Court, that the child of Mary Davis, borne in the Davis child.
prison, should be pvided for by the towne of "Watertowne, as also they to
bear tlie charge for the time past, and that they shall hereby haue power to

404

THE RECORDS OP THE COLONY OF

1 6 5 G. rccouer & make vse of any estate which they haue or can find of hers or her
' "" husbands, or of the fehers of the child, for the mayntayninge thereof.

Richard Nason, beinge, for som raiscariages of his, bound to his good be-
ha^io'' by the last Gen'' Court, & so to contynue dureinge the Courts pleasure,
is yet notw"'standinge returned by the constable of Kettery to serue as a
deputy to this Court, Avhich the Deputyes doe not thinke meet to accept off.
It is therefore ordered by this Court, that the next County Court at Yorke
shall enquire after the names of such fi-eemen of Kettery as gaue their votes
for the choyce of the id Nason to be deputy to this Court, & whom they
shall find to be guilty in such respect to pceed with as tlie law pvides, accord-
ing to their deserts.

ones answ In answer to the pet of John Stone, of Sudbury, for confirmation of the

purchase of 11 acors of land bought of the Indians, it is ordered, that his pe?
be graunted, as also the graunt of fifty acors of land more to be added
therevnto, accordinge to his desire, pvided it be not ^judiclall to any pson ;
& M' Noyce «& M"" Edmund Rice, of Sudbury, are hereby appoynted to lay
out the land.

Nebery, &C
bounds.

[*173.]

Whereas, by an order of the Gen" Court, October, 1655, wc, whose
names are vnder written, were appoynted to here & determine the differences
betwixt Newbery & Rowley, concerninge their bounds, this is to certifie this
hon'' Court that we doe all agree that the lyne formerly rim, viz', from a white
oake, marked; standing vpon the north west side of Eastows Riuer, neere the
old path ouer the riuer, the line to run west one mile, as the trees are marked,
& from the tree marked at the mile end vpo the line haueing a heap of stones
layd there, according to Court order ; from thence the line to run north west,
as it hath bin layd forth. Thus having heard the pleas *of both townes, we
haue thus determined, & subscribed w"' o'' hands.

JOH: WHIPPLE,
SAMUEL HALL,
THOMAS HOWLETT.

This reture was accepted & approued of by the Court.

Groaten3

answ.

Free of rates 3

In answer to the pet of the intended inliabitants of Groat on, it is ordered,
that the townc of Groatou be freed from rates for thix'e yeares from the time
of their graunt, as is desired ; as also that they may imploy any knowne
artist, in the roome of My Danforth, as need shalbe, & that the forme of the
towne may a little varie from a due square, according to the discretion of the
committee.

THE MASSACHUSETTS BAY IN NEW ENGLAND. 405

M"^ Joshua Hues, administrator to the estate of M'' Joshua Foot, deceased, 1 G 5 (5.
havinge made sale of a warehowse of the id M" Foots vnto M'' Heniy Shrimp- """ ' ^

May.

ton, which sd warehowse was morgaged to M'' John Johnson, of Roxbury, jj^^^ ^^^^^
vpon his request to this Court the sd sale is confii-med & allowed.

William Clements, of Cambridge, pfering a pet to be diuorced flom his w. Clemens,
wife, is referrd, for a hearinge & determining of the case, vnto the County Court
of Charlstowne, in the next moneth.

Deacon Marshall, of Boston, desireinge the graunt of an iland in Quenec- D. Marshall
tecot Riuer, his petition is not graunted.

The late wife & administratrix of David ISIadox, of Roxbury, desireinge Vid. Maddox
this Court would confirme the sale of two acors of meddow to Giles Pason, ""'*"''""•
hath her pet graunted ; & y Court doth also further order, that the howse &
land of the id David Madox shall stand ingaged for the paym' of fifteeue
pounds to David Madox, the son of David Maddox, deceased, fine pounds
whereof was giuen him by the Court, & ten pounds was giuen to his sister,
deceased.

In answer to the pet of the inhabitants of Eilerlcay, the Court thinkes Bilcricas answ.
meet to graunt them eyght thowsand acors of land for the ends desired, in
any place or places that are fi-ee & not capable of makeing of a towne, pvided
the id lands be layd out together, & that before the next Court of Election, &
that the inhabitants of Canibridg doe accept thereof, & disingage the lands
desired at Bilericay, & also that the towne of Bilericay be seated, M'ith twenty
families at least, within thi-ee yeares, that the ordinances of God may be setled
& encouraged in the id place, & y' Majo"" "VVillard, Cap? Edw : Johnson, & M''
Edw: Jackson, or any two of them, with Tho Danforth, or any other sui-veyo'
appoynted by the Court to lay out the same at the charge of the ijetitin", &
that retumes be made at the next CoMt of Election.

•M' John Alcocke hauing a pcell of land formerly graunted him by this [*174.]
Court not yet layd out, vpon his request Thomas Danforth or Lieut Fisher are *^' ■*^'''<"=''3
hereby appoynted to lay out the same.

In answer to the pet of Richard Swayne, the Court conceiues that if the Swayns an.sw.
petitiono"' haue just ground to implead any man about the land mentioned in
his pet, that he may doe it at the County Court ; but for the tytle of the land,
there having bin so many hearinges & so much expence in this Court about the
same, that the Court judgeth that the last act of this Gen" Court concerninge
the same is & shalbe a finall issue thereof, without any more hearing in that
respect.

Whereas hitherto by appoyntment the County Court of Doner hath l^e- Court dayps
gan to be kept vpon the last Twesday in June, & the Court for the county of

406

THE RECORDS OF THE COLONY OF

Giffords i

[nT5.]

Yorke begins vpon the Thursdy followinge, for the more enlargm' of time vnto
the id Coiuts, its ordered, that Douer Court shall begin as before, & the Coui-t
for Yorke on the Slunday followinge ; and it is further ordered, that Capt Clarke
shalbe assistant with Capt Wiggan this yeare to keepe the County Court of
Yorkeshire & Douer.

In auswer to the pet of the inhabitants of Chelmford for enlargm' in re-
spect of lands, its ordered, that this pe? & also that pt of ISI"' Eliotts pe? re-
specting an enlargm' of land, vpon conferance with the coiuittee who layd out
the bounds of Chelmford, & pvseall of a description of a plott of the sd plan-
tations, & also of the tract of land now by both ptyes petitioned for, the
Coiut judgeth it meet, & doe order, that the Indian graunt be extended a mile
from the north east angle or corner bound of Chelmeford, abutting on Meri-
macke & Pautuckett eastward, takeing in John Sagamores planting ground &
the end of the id mile to determine the Indian ; plantation, and for the rest
of the lands on behalfe of both townes now petitioned for, that Chelmfords
south & north line, abutting on Tadmucke, be extended from the northwest
angle or corner three miles north, so as it pass not Merimack Eiuer, & from
thence to run a pallell line with the east & west line of Chelmford vntlll it
meet with Merimacke Eiuer, & that the whole track of land so taken in be &
remayne in coiiiunitie vnto the townes of Chelmford & the Indian towne called
Pautuckett for all vses.

This Court, on pvseall of a letter directed to the Gouerno'' & councell &
Generall Assembly of New England, or who else it may concerne, signed by
John Becx, Phebe Frost, Thomas Foley, Joh Pococke, & "W™ Greenhill,
bearing date 27 Feb, *1655, which also was recorded in the Courts day-booke
the 21 of May, 1656, the same day on which it was brought & fsented by
M' GifFord, doe judge meete in answer therevnto, & on their request doe order,
that the id John Gifford shalbe, & is hereby, released & discharged from being
any longer a prisoner vpon the judgment of this Court in reference to the id
Becx & company, for which he hath bin & yet is a prisoner, he discharging the
charges of the prison.

Returnc from
Sudbury.

The returne of Majo'' Willard, Ensigne John Sherman, & Thomas Danforth,
whose names are herevnto subscribed, in reference to the order of the
Gen" Court impowreing & requireing y™ to heare & detennine the case
in difference bctweene the brethren & neighbours of Sudbury.
Whereas at the late session of the Gen" Court, held at Boston, Octoti, 55,

wo psented a briefe naration of a mayne pt of the case in diiference so farr as

THE MASSACHUSETTS BAY IN NEW ENGLAND. 407

we had then heard the same, with some (jua;ries arising there from, vpon the 1 G 5 G.
resolution whereof the issue of the case doth depend, but not obtayningc so ' ^^ '
much favour of this hono"''' Court accordinge to o'' bounden duty to this Court, ^^'

requiring vs therevnto, as also tlie vncomfortable estate of the id inhabitants
whiles the case remaynes vndetermined, calling earnestly vpon vs to declare o'
apphensions & determinations touching the same, we doe therefore, w"" humble
submission to the wisdome & authoritie of this hono"' Court, hereby declare
o' app>hensions & determination^ touching the same, as foUoweth : —

1. Concerninge the tytle of lands appropriated to severall inhabitants,
accordinge to what informatio haue bin Rented vnto vs, we doe not find just
cause to make voyd their clayme & intrest concerned therein; & as, concern-
inge the lands held by the Reuer'' M'' Browne, pastor of the chh there, touch-
ing a pt thereof, some objections haue bin made, & clamourous reports layd ag'
him, we doe not find any just ground for the same, but haveing pvsed the
town records, doe apphend his intrests in such his lands to be good, & doe
hereby confirme the same to him & his heires for ever.

2. Concerninge such lands as are reserued in coinon for feed, whereof
we find, touchinge one pt of the id comons, by coinon consent & agreement,
the rule for stintinge the same, to be agreed vpon as appears in the Towne
Booke, foi 27, *as also the bounds of the id coinons therein lymitted, the [*176.]
which we doe hereby ratifie & confirme, together w"^ the order in the Town
Booke, fol 58, so far as it respects y* pt of the coinon ; and as for the

other pt of the comon within the compasse of the fiue miles, the rule for
stinting the same, we find that hitherto it hath not bin so clearly as could be
desired : we doe therefore agree, that the rule for stintinge the same shalbe,
with due respect, had as well to such, who, although they brought good es-
tates into the towne, yet are now weakned, havinge improued the same, as Sudbury mat-
also their time & other psonall abillityes, for the coiiion good of the place, '"'^'
as also with respect had to such whom God hath bin pleased to bless & in-
crease theii- estates, & thereby are made more able to be vscfull & pfittable,
as well psons as estates, for the coinon good, & stand in more need of en-
largm' of their accommodations then formerly ; & for a more cleare rule to
direct herein, we doe hereby declare, that it is o"' intent & meaninge that such
whose estates are weakned as afibresd shalbe considered & ^portioned accord-
inge to theire seuerall allottments of meaddowes, which gaue them the right
in the other fit of the coiiions already determined, & such as God hath in-
creased their estates shalbe considered & ^portioned accordinge to the invoyce
of their estates giucn in for the country rate last past, w'''out any respect had

408 THE RECORDS OF THE COLONY OF

to their meddowes formerly allotted them ; also, we doe hereby declare, that
uo pson or psous whatsoeuer shall liaue power to giue their vote touchinge
the id coinons but such as haue bin allowed as free inhabitants of the towne,
or haue come vpon the right of such as haue bin so allowed, & that in such
wise whereby the number of votes may not be increased aboue or beyond the
number of such as had their intrest by graunt from the town ; also, whereas
since o'' last meeting© we find that the records of the Town Book, foi 58,
touching this case, hath bin crossed & defaced, & that without a mutuall
consent of both ptyes, we doe hereby declare that the sd act was not allow-
able, & therefore we cannot forbeare to leaue o"" testemony agaynst the same ;
& for the future we doe agree, that the Towne Booke shalbe kept by the
recorder of the County Coiut, vntill there be a lovinge composure, &
agreement for former differences, & a mutuall choyce of a fit pson to keepe
the same.
[*177.] *Further, we having had some complaynts made in reffercnce to the tytle

of ilugh Griffins land, the objections made beinge considered by vs, we doe
hereby declare, that we judge his tytle thereto to be good & valid, according
to the transcript thereof in the Town Booke, vnto which declaration the com-
playnants jopitly concurred & agreed ; also we doe hereby declare that such
of the inhabitants as entred their contra dicentes agaynst the act made for a
rule of devision of the last two mile graunted by the Court, as appears in
the Towne Booke, foi 56, shall haue their intrests therein according to estates
Sudi)ury mat- & psons ; also, we doe further declare it to be o' true meaninge, that eueiy
pson that is an allowed inhabitant in the towne shall haue libty to haue his
coiiionage accordinge to his meaddowes or invoyce of his estate, at his pleasure,
& no pson which have neither meddow nor is an allowed inhabitant, as is
above ]pmised, in case of voteinge, shall haue no power power to make any
clayme to any coinonage.

SYMON WILLARD,
JOHN SHERMAN,
THOMAS DANFORTH.

i'5 May. The Court doth allow & approue of this returne, May 15, 1656.

VYc whose names are vndcr written, the inhabitants of Sudbury, doc
hereby testefy o' full consent & owninge of the aboue written act of the
commission''^ with all harty thankcs to them for their paynes, faythfullnes, &
louc herein cxprcst, humbly iutreatinu' the bono"' Court will be pleased to

THE MASSACHUSETTS BAY IN NEW ENGLAND. 409

confirme & ratify the same for the f venting of after troubles, & for setting of I (! ")().
peace & truth amongst vs. ' ^

ED: BROWNE, ''*'"■

WALTER HAYNE,

JOHN PARMITER,

ED: GOODENOW,

JOH: GROUT,

W" BROWN,

JOHN PARillTER, Jun',

JOHN SMYTH,

PHELEMO: WHALE,

HEN: CURTIS,

PETER NOYTE, Seni'",

JOHN HAYNE,
. PETER NOYTE, Juni^

THO: BESSBECH,

JAMES PENDLETON,

JOSIAH HAYNE,

HUGH GRIFFIN,

JANE GOODENOW, Vid.

Whereas this Court is informed of seflall neglects of the inhabitants of Capt. Shap-
Yorkshire in not being furnished with suffycyent armes, powder, &S, as the ^'^ ^ P<"™f-
law requires, there beinge no generall officer at ;Psent to call psons for neglect-
ing to an account, it is therefore ordered, that Capt Nico Shapleigh shall
henceforth haue power to call together the cheife officers of each company -
w"'in the id county, to examine such abuses & defects as may or shall arise
amongst them, & is hereby impowred to act therein as a majo"' may & hath
power to doe in the like cases, till the Court take further order herein.

*In the case depending between M'^ Tho Rucke, playnt, & James Wale, [*178.]
deffend', about the third pt of a sawmill, sold by the id Wale to Edw: Col- M' Rucks case,
cord, & by Colcord to the id M' Rucke, the Court, on pvseall of the evidences
in the case, doe judge the sd sales to be illegall, & that the right propriety of
the id tliird pt of the sawmill to be & remayne in the defend' afforeid ; & doe
order the id Rucke to discharge the charge of the Court for one half day, &
pay the defend' costs, which is the sum of 2" 17 00, as appears by a bill
fisented to this Court.

Ke*irne from

We, whose names are hereto subscribed, accordinge to an order of tlic Squamscott.
VOL. III. 52

410 THE RECORDS OF THE COLONY OF

Gen" Coiu-t, in Novemt), 1655, appoyntinge vs to make a just devision of the
pattent of Squamscott, doe thus make o' returne : When we came to pvse
■f pattent, we found it to extend, for the length of it, from the lower pt of
the Riuer Pascataquah, on the south side of the id riuer, vnto the falls of the
lid riuer, at Exetur ; & for bredth, along the sd riuer, 3 miles from the fldls of
the head lyne, for the breadth of it, which head lyne we ruii A'pou a soutb
east poynt of the compass, which ended three quarters of a mile beyond Aspe
Brooke, towards Hampton, about forty pole below the highway, where we
marked a gread red oake on fowre sides. 2'^'. From the sd head lyne we
measured, for the length, on the northeast poynt of the compass, six miles &
a halfe, the which extended to that pt of the bay neere Wincott Riuer. 3'^'. We
measured a second cross lyne, for breadth, begming at Squamscott Howse,
extending it three miles, vpou the south east poynt, where we did marke
seQall 1 pine trees.

The rest of the land belonging to the pattent, about & below the great
bay, we vnderstood to be impassable, as to measureinge, by reason of the ex-
ceeding thick swamps ; but we tooke the best informatio we might of diuers &
seQall inhabitants of the great bay & Strabery Banke, & their reports agreed,
viz*, that from the lower pt of the bottom of the bay, neere Capl Champouns
howse, to the riuer, neere the Boyling Rock, or thereabouts, all the neck of
[*179.] land w"'in that lyne, *vnto the little bay, contayninge, as neere as men of
best experience can informe, about fowre miles square, being all within the
pattent. And whereas, from the easterly pt of the great bay, beinge a pt of
the riuer, we should haue measured three miles into the land, we find in that
place, by credible information, the land so narrow to the seawai-d that we can
allow no more, accordinge to the intent of the pattent, as we vnderstand it,
then one mile & halfe, to be run from each poynt of the bottom of the bay,
vpon an easterly lyne, into y^ land.

To the matter of service appoynted vnto vs by the Gen" Court, concern-
ing devision of the pattent : we finding the ^sent owners to be of three sorts, or
rankes, we haue therefore agreed to make three seuerall devisions ; the first
devision being eyght shares & one quarter, belonging to ^l' Nathaniel Gar-
dener, M"" Tho Lake, & ptners, we assigne & lay out to them all the land
from Bloudy Poynt vnto the Boyling Rock, for breadth, or there abouts ; & for
length, extendinge to the lower lyne of the middle devision, which is about
forty pole from Sandy Poynt, & so the Ipie runing southeast thi-ee miles into
the land, as also the land lying vpon the bottom of the great bay, being or
extendinge one mile & halfe from euery pt of the bottom of the bay, vpon an
easterly lyne, into the woods, in which devision of the land & marsh graunted

TIIK MASSACHUSETTS BAY IN NEW ENGLAND. 411

vnto Douer by the Gen" Court shalbe & remayue to them for euer, viz', the
land from Keiiyes Creeke to a certayne coue neere the mouth of the great bay,
called Hogsty Coue, with all the marsh from y' place round about the bay, vp
to Cotterills Delight, w"' fowre hundred acors of vpland, as it is graunted
by the Court, bounded, layd out, & possessed by the inhabitants of Dover,
w"* fifty acors of vpland more, about or neere the great bay, with fifty acors
to be layd out & disposed of, by Capt Richard Walden, to some of the inhab-
itants of Dover -whom he sees fitt.

The second devision being eyght shares &. one quarter, belonging to
Capt Thomas Wiggan & partners, who haue purchased & obtayned the same,
we assigne & lay out thi-ee miles square, begining at a plump of trees standing
on a peece of old planting land *about forty pole below Sandy Poynt, & vp [*180.]
the river vpon a streight lyne toward Exetiu-, the riuer being the bounds of
it on the north side, & at each end to run a lyne vpon the south east poynt of
the compass, tliree miles into the land there, to bound it on that side, ^vided
that Capt Tho Wiggin pay vnto the the other two thirds the sum of sixty six
pounds thirteene shillinges & fowre pence, accordinge to their shares & pro-
portions, in boards, within six moneths, if demanded, which he is to pay at
either of Ms saw mills in Pascataquack Riuer. To the third devision, being
eyght shai-es & one quarter, belonging to the Shi-ewsbury men, to which we as-
signe & lay out all that land from the vppmost lyne of the middle devision
to the mouth of the creeke called M"^ Whelwrights Creeke, & the same to run
three miles towards Hampton, vpon a south east lyne ; all the land between
this line & Exeter Falls, to the full extent of the lyne, to ly to Exeter, being
graunted to them by deed of guift by Capt Wiggin, sole agent for the

company.

SAMUEL WINSLOW,

W BARTHOLOMEW,

SAMUEL HALL.

The Coiu-t allowes & approues of the returne of ths coinittee, as is heere
exprest.

Propositions to the bono""'* Gen" Court, the 22"" of the 3^' mo"", 1656, for set- 22 May.
tlinge & fully ending the long contynued differences between the patten-
tees of Squanscott & Douer & the neibor towns.

L For the furtherance of the same, Capt Thomas Wiggin & Thomas Lake Squamscott.
freely surrender & giue vp all their intrest, tytle, & clayme in the lands of the
pattent called Winicahanatt, or Hiltons Poynt, vnto the inhabitants of Douer,
for euer exceptinge all the lands & howses which the owners improued at

Till'] RECORDS OF THE COLONY OP

Doner in their planting feilds, Avhich is about sixteen acors, more or less,
which remaynes to the 5d owners, their heii-es & assignes, for euer.

2. That the Court graunt & giue vnto the third devisio of Squam-
scott, layd out to 'SI" Xath Gardener, Thomas Lake, & ptno'^ of that devision,

[*181.] 4125 acors of land, to be layd out to them or their assignes, either *to them
together, or to each pt or share, one thousand acors, there being eyght shares
& J in that devision.

3. Tliat the charge of the devision is twenty pounds.

4. Whereas, in the first devision layd out to M"" Gardener & Thomas
Lake, there is much lands in the possession of Strabeiy Banke which is still
in difi'erence, that the Court will impowre some coiiiissiono''^ with full power
to end all diiFerences whatsoeuer between the 5d town of Strabery Banke &
owners, as also between Hampton & them, the sd owners of the first devision.

THOMAS WIGGIN,
THOMAS LAKE.

The Court judged meet to accept of the surrender here exprest, & doe
graunt what is desu-ed to the gent, &6, as is mentioned herein, & doe order
that jNIajo"- W»i Hathorne, M-- W-" Bartholmew, & M' Samuel Hall shall &
hereby are empowered & athorized by the Gen" Court as commission'''' to treat
w"" the inhabitants of Hampton & Strabeiy Banke, & on a full hearing to
determine & conclude what they judge meet to be giuen by the townes, &
accepted of by the psons, & to make theire returne to the next Comt who are
to be allowed for their paynes at the chai-ge of the ptyes, as the coiiiissiono"
shall judge.
Norfoike In answer to a pet psented by seuerall of the inhabit of Norfolke for re-

leife in 'respect of the charge of the jiu-ors of that coimty, who haue serued the
country at their owne costs, it is ordered, that if, in time to come, there shalbe
ground of complaynt of this nature, they shoidd, vpon request to the county
in respect of their necessary expences, be alowed it out of the county treasuiy
by vcrtue of the law for county Treasurers.

In answ: to the pel of M' John Coggan for the layinge out of 500 acors
of land giuen to M"" Thomas Coytmore, as by the records of Court doth ap-
peare, & that within the bounds of Wooburne, & to be set out by the Court,
vnles the ptyes doe agree. It is therefore ordered, that il' Tho Danforth, or
John Sherman, with M"" Edward Collins & Capt Edw : Johnson, be hereby ap-
poynted to lay out the id lands, according to the graunt, to the vse of the
heires of M' Tho Coytmore, & that at the charge of the pef vntill the right
heir be determined, & to make returne to the Court in October next.

jurors.

THE MASSACHUSETTS BAY IN NEW ENGLAND. 413

[^82.]

There being seuerall towiies Mitliiu this jurisdictio clefectiue in not send-
inge in their proxies for nomination of naagis'*, *and the Court, finding the law
that puidcs agaynst such defects is not so clearly exprest as were to be desired,
doe therefore order, that the secritary, after this session, shall returne the
names of the townes y' haue bin defectiue in each county, to the clarke of
each County Court, who is hereby required to suinon the seQall townes to send
some meet pson to the next County Court to answ: in theire behalfe, who
shall haue power to impose such fines on such as shall appeare delinquents
as the law pvides, or they shall judg meet.

Capt James Oliver hauing sold vnto Majo'' Atherton & the surveyo'' gen" Capt. Olivers
20 barrells of powder, for country pay, & at a very reasonable rate, which, by
reason of the scarcitie of powder that yeare, he was enforced at a deare rate to
make good his bai-gan, whereby he was a great looser, which this Court having
considered of, thinke meete to allojv him ten pounds towards liis loss.

Att the request of M"' Bradstreet, it is ordred, that M' Edw: Jackson, M' Broad-
M"^ Tho Danforth, & Lieut Fisher, or any two of them, shall hereby be
authorized to lay out 800 acors of land graunted him beyond Dedham, neere
Cap? Keanes flirme, &^, in one, two,, or three pcells, as the place is capable of,
they being so many distinct graunts of debt, & uot of free guift.

Jane Hawkins & her sous pfcriug a pet for her returne into this juris- Hawkins ansi
diction, her sd pet is not graunted.

In answer to seQall petitions pferd by Georg Halsell & his wife respect- Haisweiis
ing her diuorce, the Court thinkes meet to referre the examination & finall """"'
determination of this case vnto the Court of Assistants, to whom properly it
doth belonge ; & it is hereby ordered, that the sd Joan Halsell shall haue
liberty to goe to the publicke meetinges, or elswhere, without interuption
from the sd George, or if the sd Georg shall any wayes molest her till the
case be issued, he shallbe committed to p''son till he giue bond to the GoQn'', or
Dep' Gofin'', for his good behavio' ; & it shalbe lawfull for any inhabitant, on
sight of any disturbance, to rescue her out of his hand, & convent him before
authoritie to be coinitted to p''son.

In answer to the pe? of M"' Richard Duiner, crauinge an allowance of M' Dmners
land for seuenty three pounds by him giuen long since for the countryes vse,
by the appoyntment of the Court in the yeares 1637 & 1639, this Court, *this [*183.]
Court, in consideration thereof, doth graunt the pef eyght hundred acors of
land in any place that is free from foruJ grants, & not pjudiciall to a planta-
tion, pvided it be layd out & bounded, & returne made by some siuvayo'^,
w"'in one j'eare.

George Bunker & Edw: Burk, administrators to the estate of Augustine Bunkers ansv

414

THE RECORDS OF THE COLONY OF

1 G 5 G. Walker, deceased, havinge made sale of one howse & halfe an acor of land

" ' ' vnto John Trumble, & two acors of land vnto Samuel Carter, & f>fering a pe?
" " ' to this Court for the confirmation of the sd sales, hath their pet graunted,
pvided the id sales extend not to any howses or lands but such as was the
proper estate of Augustine Walker.

wtlett. Whereas the Court hath bin informed that Eobt Bartlett, of Northwot-

tuck, alias Northampton, hath comitted a great misdemeano'', in attemptinge to
force the wife of one Smyth of the same towne, & some report that he did
force the id Smyths wife, this Court doth tlierfore order INI'' Job Pinchon,
& M'' Elitziu' HoUioke to heare the case, & examine the ^^'ittnesses, &
if they judg the case capitall, then to cause the offendo"' to be forthwith
sent to the p''son at Boston, to answer the same at the next Court of Assist-
ants, whither all the testemonyes & examinations are to be sent, & the witt-
nesses recLuired to appeare at the id Court ^ but if it be only found by them a
raisden"", in that case they shall bind ouer the id Bartlett to the County Court
at Cambridge, in October next, w* suffycient securitie, to answer for his
offence, & cause all the testemonyes & examinations in the case to be sent to
the clarke of the id Court, sealed vp, & the Court doth hereby giue full
powre to the id coinisso", by warrent, to send for ptyes, & make full pcess in
the case for the fullfilling of this order.

orthamp. In answer to the pet of the inhabitants of Northwattock, alias Northamp-

ton, this Court tliiukes meet to confirme W™ Houlton, Edw: Elmer, & Tho
Bascum to end small causes there, viz', vnder 40% according to law, & y' the
comission"'* of Springfeild are hereby empowered to giue them their respectiue
oaths ; & furthei', that such cunstable as shalbe legally chosen there by the
inhabitants of the sd towne shall repayre to Spring feild, to the foreid comis-
slo'^ to take his oath for the faythfull discharge of his place.

;om" acts con- The comissiono'^ for the towne of Waymouth appoynted to end small

""*" ' causes there being chosen, approued off, & sworne by the County Court about

[*184.] some fowre years *yeares agoe, according to law, & having bin euer since con-
tynued in that place, (vntil this ^sent yeare,) were neuer returned to any
Court to take their oaths aiiu'^', yet vpon the requests & earnest desire of
sundry of the inhabitants, haue ended many differences amongst them, accord-
ing to their best skill ; now, to ^vent any evill consequences which might
ensue vpon such a neglect, it was their desire that so fiirre as any of their act-
inges had bin just, & according to law, it might be confirmed & allowed, -w"^
this Court, vpon their request, did accordingly confirme & allow.

Jolcords case. Forasmuch as information was giuen to this Court, at their last session,

that some wittnesses in Colcords case were not allowed their charges, at

THE MASSACHUSETTS BAY IN NEW ENGLAND. 415

which Court it was ordered, that it should he in the Ut>tie of Salsbury Court
to satisfy such wittnesses charges out of the fowre pounds thirteen shilliuges
in ]\P Stanions hands, due to the country as a fine, & as yet vnpayd, which 2d
order hath not bin attended by reason no notice hath bin giuen of the Courts
pleasure hearin, it is therfore ordered, that the like liberty shalbe graunted
to the next Court at Hampton to act according to the former order, & that the
ptyes concerned herein repayre to the secritary for a coppie of this order, that
the same may be effected & a returne of the oQplus of the sd sum to be payd
in to the county Treasurer.

This Court doth graunt vnto M"' Joseph Hills fiue huncbed acors of land m- jos. huis
neere Xorthwootucke, where M' Bradstreet & others haue graunts ; & it is S"^*""'-
in consideration of an adventure of 33'" 6" 8'^, & for seQall services to the
countrv.

'^Jltt a second Session of the Gen" Court, held utt Boston, the [*185.]

14'" of October, 1656.

U October.

% 1 THERE AS there is a cursed sect of heretickes lately risen vp in the Quakers.

T T world, which are coinonly called Quakers, who take vpon them to be
imediatlie sent of God, & infallibly assisted by the Spiritt of God to speake &
write blasphemous opinions, despising gouernment & the order of God in the
churches & coinon wealth, speakinge evill of dignities, reproaching & revileing
magistrates & ministers, seekinge to turne the people from the fayth, & gaync
proselites to their pnitioixs wayes, —

This Coui't, takeing into serious consideration the fJmises, & to ^vent the
like mischeifes as by their meanes is wrought in o' natiue land, doth hereby
order, & by the authoritie of this Court be it ordered & enacted, that what
master or coinaunder of any shipp, barke, pinnace, catch, or of any other vessell
that shall henceforth bringe into any harbour, creeke, or coue, within this
jurisdiction, any known Quaker or Quakers, or any other blasphemous hsere-
tickes as afforesd, shall pay or cause to be payd the fine of one hundred
pounds to the Treasurer of the country, except it appeare that he wanted true
knowledge or information of their being such ; & in that case he hath liberty
to clears him selfe by his oath, when suffycient proofe to "the contrary is
wantinge, and for default of payment or good securitie for it, shalbe coinitted
to prison, & there to remayne till the sd sutiie be satisfyed to the Treasurer,
as afforesd. And the coinaunder of any such shipp or vessell that shall bring
them, being legally convicted, shall giue in suft'ycient securitie to the GoQno',

416 THE RECORDS OF THE COLONY OF

1G5G. or any one or more of the magistrates who haue powre to determine the

" "* ^ same, to carry them backe to the place from whence he brought them ;

& on his refusall so to doe, the GoQno'' or one or more of the magistrates
are hereby impowred to issue out his or their warrents to coiiiitt such
master or coiTiaunder to prison, there to contynue till he shall giue in
sufFycient securitie to the content of the GoGno"" or any of the magistrates, as
;ifforesd. And it is hereby ordered & enacted, that what Quakers soeuer
.-hall ariue in this country from foraignc pts, or come into this jurisdiction
[*186.] from any pts adjacent, *shalbe forthwith committed to the howse of correctio,
L^- at their entrance to be seuerely whipt, & by the master thereof to be kept
constantly to worke, & none suffred to converse or speake with them dureing
the time of their imprisonment, which shalbe no longer then necessity re-
t|uii'eth. And further It is ordered, if any pson shall knowingly import into
any harbour of this jiu-isdiction any Quakers bookes, or writeinges concerning
theii- devillish opinions, shall pay for efly such booke or writeinge, being
legally proued ag' him or them, the some of fiue pounds ; & whosoeuer shall
disperse or conceale any such booke or writeinge, & it be found with him or
£ 5 penalty fur her, or in his or her howse, & shall not imediately deliuer in the same to the
Quukcr books ^^^^^ magistrate, shall forfeit & pay fiue pounds for the dispersing or concealinge
cr writings. Qf eucry such booke or writeinge. And it is hereby further enacted, that if any
pson within this colonic shall take vpon them the hereticall opinions of the
5d Quakers, or any of their bookes or papers, as afforesd, ex animo, if legally
proued, shalbe fined for the first time 40^; & if they shall psist in the same, &
shall so agayne defend it, the second time fowre pounds ; if still, notwith-
standinge, they shall agayne so defend it, & mayntayne the sd Quakers hsereti-
call opinions, they shalbe committed to the howse of correction till there be
coavenient passage to send them out of the land, being sentenced to the
Court of Assistants to banishment. Lastly, it is hereby ordered, that what
pson or psons soeuer shall revile the office or psons of magistrates or ministers,
as is vsuall with the Quakers, such pson or psons shalbe seuerely whipt, or
pay the some of fiue pounds.
Exporting This Court havinge heretofore made a law to restrayne the seuerall in-

habitants of this jurisdiction from exporting mares from hence into forraygne
parts, expecting some such like law to be established in- the rest of the colo-
nyes, which hitherto hath not bin effected, & not knowinge any reason where-
fore this jurisdiction should be restrayned & others left at libertye, this Court
doth therefore order, that the sd law respectinge the exportation of mares be
henceforth repealed, & be of none effect.

This Court, takeingc into consideration the necessitie of restrayninge from

mares.

THE MASSACHUSETTS BAY IN NEW ENCLANi). 4I7

the ladians whatsoeucr may be "a mcanes to distuibc o"" peace & quiet, doe 1 (} 5 6.
order, & by the authoritie of this Court it is enacted, that henceforth no pson ' "> '
or psons inhabitinge within this jurisdiction shall, directly or indirectly, any
wayes giue, sell, barter, or otherwise dispose of any boat, skiff, or any greater ^.
vessell vnto any Indian or Indians whatsoeuer, vnder the pocnalty of fifty
pounds, to be payd to the country Treasurer, vpon legall conviction, for everv
6uch vessell so sold or disposed off as afforesd.

The secritary, as agent for the colonyes two yeares past, was payd by AUo>vance for
the Treasui-er forty two pounds odd money in Indian corne, at 3' p biishell, ,,;tary.
which he could put off but 80 bushclls at 2' '6''^ p bushellj on theii' ace", with
much discontent, not makeing two shillinges or aboue of the rest ; the Hioney
was payd for the country account in England, & therefore the Court thinkes
meet to allow him ten pounds for such his loss, to be payd him now by the
Treasurer.

There beinge an order made by the councell of this coiiionw:, in 53, to ArcUers allow-
impowre Samuel Ai-cher, the marshall of Salem, to reserue in his hands, out

. _ S. Axther.

of the fines due to the country, the sum of seuenteen pounds fifteene, foiuteen
pounds fine shilling, for bringing the p^e men to prison, & three pounds 10'
about the vnlading of M' Gardeners catch, till the Gen" Court shall otherwise
determine, now, the sd marshall, not beinge able to receiue his dues by fines,
by reason of the order that states all fines payable to the seuerall county
Treasiu'ers, & their County Couit not having fines suifycient to deffray pub-
licke charges, this Court doth therefore order that the sd marshall be payd his
dues, as is aboue exprest, by the Treasurer of the country.

It is ordered by this Com-t, that the ^sident & fellowes of Harvard Col- P'sidcnts, &c,
ledge, for the time beinge, or the majo"" pt of them, are hereby empowrcd, P""^'''
accordinge to their best discretion, to puiiish all misdemeno'* of the youth in
their societie, either by fine or whippinge in the hall, openly, as the nature of
the oficnce shall require, not exceedinge ten shillinges or ten stripes for one
oSience, & this law to contynue in force vntill this Court, or the oQseers of the
colledge, pvide some other order to pimish such offences.

This Court havinge considered of the offences comitted by Nic" Vpshali, ■> pshaiis cen-
in reproachinge of o"^ hono-'^ magistrates, & speaking agaynst the law made & "
pubUshed agaynst Quakers, judge meet & haue determined, that the sd Vp-
shali, for such his *offences, shall pay as a fine to the country the soiiie of 20", [* 188.]
which if he pay not, his estate shalbe seized vpon by the marshall before he
be let out of prison ; & also, that the sd fine beinge payd, he shall depart out
of this jiu-isdittiou within one moneth, & not to returue vndcr the panalty
of imprisonment, there to contynue close prisoner vntill hu, by ])ubli(.ke

VOL. III. 53

418 THE RECORDS OF THE COLONY OF

1G56. ncknowledgm' before some County Court, he giue satisfaction for what he
'■~~^' "' liath spoken.

M"'^ Anne Knight fJferinare a pet for the abatement of a fine of thirty

M" Knights Dior ^ ^ J

answer. pounds, for which her husband was engaged for Capt Jaeob, this Court, vpon

her request, thinkes meet to abate ten pounds of the thirty.

Bachelcansw. Mary Bachiler p>fering a pe? to be divorced from her husband, now in

England, the examination of the case is referd to y" next County Court at
Yorke, & the sd Court to make returne of what they find in the case to the
next Court of Assistants, who haue power to issue & determine the same.

M''»Nowel& - This Court beinge very sensible of the loc condition of y° late hon''' M'

giaunt. ■ Nov.'ellc ffamily, & remembring his longe service to this coinon wealth, not

only as a magistrate, but secritary also, for which he had but little or slender
' recompenre, «& the country debts being such as out of the country rate they
cannot comfortably make such an hono''able recompence to his familie as other-
wise (hey would judge meete, therefore to giue & graunt to M"' Nowell & her
son Samuel two thowsand acors of land, to be layd out by ^I"' Thomas Dan-
forth & Kot)t Hale, in any pt of the country not yet graunted to others, in
two or three farmes, that may not hinder any plantatio to be erected.

Audito" an- This Court, havinge considered of a paper pisented to them by the audi-

^'""' to'' gen" in refference to his office, conceiue it necessary that he contynue in

his place & attend his worke vntill the next Court of Election, when the Treas-
urer hath ffully cleared his accounts ; & that the Court to determine concern-
ing the contynuation of such an office in this common wealth.

Cambridg case. This Court, having considered of the case respectinge Cambi-idge & those

on the south side of the riuer, find it attended w"* such difficultyes as will not

admitt of a comfortable issue at the p>sent, doe therefore judge it meet to re-

ferre the case to be further inquired into by a coiiiittee, & to that end haue

[*189.] chosen the Treasui-er, *Capt Lusher, & M'^ Ephraim Child, who are hereby

desired to informe themselues more fully of the state of Cambridge, & what-

euer else they shall judge meete which may be necessary for this Court to

knoAV, & so to make returne thereof to the next Court of Election.

Liberty to sci It is ordered by this Court, that the military officers of Dorchester shall

guns. ^ hereby are empowred to sell one of the countrys great gunns at Dorchester,

pvided they buy less in the roomc thereof to its full value.
Holmans case. The County Court held at Boston the 5"^ of August, 1656, having heard

all the evidences in tlic case concerning M' Holmans will in reference to John
Holman, his son, according to the order of the Gen" Court, May, 56, doe
make this report : that notwithstanding the evidences pduced by John Holman,
which are one file, they judge the will of the sd Holman legally proued, & se no

THE MASSACHUSETTS BAY IN NEW ENGl.AND. 419

cause to alter the same ; which retunie of the County Court this Court thinkos ] (} 5().
meet to a2)proue off in this case. ^ '"'

Edward GofFe, of Cam%, ffering a pe? for about 20" due to liim from the ^^^.^ ^^_.^^,
country, in answ: wherevnto the Court thinkes meet to referr the examination
of this case to the countiy Treasiu-er & M'' Ralph Mousall, & w* they shall
find to be dije to the pet"^ vpon a just acc°, it is hereby ordered, that it be
payd out of the publicke treasury.

Whereas there was a ire ^sented to tliis Court from the Gen" Court at About y 21
Hartford, together w"" seQall q uestions of practicall concernment in the chhs, " ^ '

. Questions pro-

wherein they ppound their desires of o"' concurrance w''^ them in desireing the pounded by
helpe of the elders for the resolution & clearing of the sd ques?, & for that
end that a time & place of meeting be assigned by this Court, & notice there-
of may be giuen to the rest of the colonyes, that they may haue an oppertuni-
tie to contribute their assistance to this worke, the Court, considering the
f>mises, doth order, that M'' Norton, M'' Mather, M'^ Allin, M'^ Thacher, of the
county of Suffolke, M' Biickly, if he be able, M"" Chauncy, M' Symms, M'
Sherman, M' Michell, of the county of Middlesex, M"" Norris, M' Ezekiell
Rogers, M' Whiteing, M"^ Cobbett, of the county of Essex, be desired to meet
at Boston the first 5'" day of June next, following, to confer & debate the id
questions or any other of like nature that shall or may be ppounded to them
by this Court, either amongst themselues or w"* such diuines as shalbe sent to
the sd meeting from the other colonyes, & it is expected if the resolutions of
the id questions, together w"^ the grounds & reasons thereof, be pisented to the
Gen" Court, *to be coiiiunicated & coinended to such of o" that want informa- [* 190.1
tion therein ; & it is hereby ordered, that Robt Turner take care to j>vide con- ^vision for y
venient entertaynment for the id gent dureing their attendance on the id meet-
ing, & that the charge of those of this jurisdiction be defrayed by the Treas-
m-er. And it is further ordered, that a coppie of this order, together w"* y" ire
& quearies from Conectecott, be sent to all the confocderate colonyes, w"" ires
from this Coui-t, desireing their assistance in this busines at the time & place
afforeid, & the secritary to send copies hereof w"" quearyes to each county,
to be coiiiunicated to y'' rest.

Seuerall of the inhabitants of Norfolkc, desireinge to list themselues for Norfoike
troops, & to begin to rayse a troope of horse in that county, haue their re- °°^'
quests graunted, & they to enjoy the priviledges of troops, pvided their num-
bers & furniture be sufficyent according to law.

Lieut Drew p>feringe a pet, desiring to be exempted from payinge cus- Drewes answ
tome of wines, in regard he had payd the tenth before for the states vse,
which the Court saw no reason to graunt, but ordred, that the id lieu? & the

420

THE llECORDS OP THE COLONY OF

i6.)(;.

U October.
Corletts answ.

Hampton
bounds.

[*191.]

Faur's oucr-
B. Fawer will.

rest of his company shall pay the customcs, according to the order of CoUrt,
of the wines brought in the last vessell.

Ellah Corlctt ffering a petition, in the behalfe of Frauncis Browne &
Adeia, his wife, relict of George Bennett, for the confirmation of the sale of
a howse to them, belonging to John Shaw, haue their request graunted, & the
sd sale confirmed.

There having bin heretofore an order of this Court, appojTitinge seuerall
coinission''^ to settle the bounds betweene Hampton & Salsbm-y, which is not
yet efifected, the sd coinissiono"^^ not appearinge, that a finall issue may be put
there'vnto, this Court doth appoynt Capt Brian Pendleton, M'' Georg Gittens,
Robt Lord, & Ensign Hewlett, or any three of them, to settle all differences
between the two townes, in reference to their bounds, according to the last
order of this Gen" C'ourt, makeing their returne to the next Court of
Election.

M' W'" Hubbard hauing long since disbursed 50" for publicke vse in
England, for which he had land formerly graunted him Tpon the bounds of
Haflell, but being disappoynted thereof, vpon his peHon, & the relinquishing
of his former graunt, this Court thinkes meet to graunt him one thowsand
acors of land in any place or places that he can find lying out *of any former
graunts or townshipps beyond Exeter Riuer, towards the east or northeast, to
be layd out by M' W"' Bartholmew, JNI' Samuel Hall, & M"' Tho Bradbuiy, or
any two of them, in the place before exprest.

John Samuel, of Boston, ^feringe petition for liberty to sell a pcell of
land, in which his children haue an intrest, hath his request graunted, on con-
dition his sd childi-en may be instated in so much bowsing or land in some
other jjlace, as is exprest in his petition, & it is left to the coiiiissn" of the
towne of Boston to se the same effected.

We, whose names are vnderwritten, ouersecrs to the last will & test of
Baniabas Fawer, havinge mett together with Joh Johnson, that maryed the
executrix of the sd Fawers will, haue agreed that the two bowses lately in the
possession of Barnabas Fawre, beinge somwhat better then the one whole
halfe of that estate, shalbe & remayne the inheritance of Eliazur Fawer, only
child of the sd Barnabas ; the rest of the estate, consistinge in goods & debts,
hereby is & shalbe enstated on ^I"' John Johnson, in right of his wife ; <& it is
further agreed, that the oQseers of the sd will shall pay vnto the id John
Johnson thu'teene pounds, out of the next rents of the two bowses aboue
mentioned, to make his part equall with the childs halfe, with a wood lott,
beinge the 9"» from Cambridge line to the sd John Johnson & his heires, w"^"*
5d lott came from Tliomas Nogus to the sd Grace Fawer, all which, at the

THE MASSACHUSETTS BAY IN NEW ENGLAND. 421

request of the psons herein mentioned, this Court thinkcs meet to confirme & 1 G 5 G.
allow. '' ^

Edward Burt jpferringe a pet for repation of some loss sustayncd by B,irtsansw
reason of an escape made out of prison by Cap? John Hudson, who was debto'
to him the some of 18", rec this answer : though the Coiu-t doe not conceiue the
country is bound to secure prisoners, or pay the damage which may ai'ise by
their escape, yet in regard the pelio"" is but loe in his estate, they are willinge
to bestow vpon him two hundred acors of land, where he can find it, accord-
ing to law.

John Permenter, of Sudbury, hauing expended the sum of 17" 5^ 02'' in Parmeters
entertayninge both the councell & coiiiittee appoynted to end their differences,
this Court orders the sd charge to be borne by all the towne, & levied as is
vsuall in other rates.

Whereas it appeares to this Court, by a copie of record, that there is due M' Winthrops
to M'' Deane Winthrop a thowsand *acors of land, somtimes graunted to his r#,Q(,
hon'''! father, which hitherto hath not bin layd out, now, vpon his pet to this
Court, it ^ ordered vpon the pet of M' Deane Winthropp afforesd, that the sd
thowsand acors of land be graunted to him, to take it where he can find it
free from former graunts, & not hindering a plantation, accordinge to law.

Daniel Fayrfeild, vpon his pet to this Court, hath lifcty to goe for Daniel Fayr-
England, in one of these shipps now bound thither ; provided if he come j^^^^ "
agayne he shall forthw'" returne to the same condition agapi as now he
is in, & be coinitted forthw"" to prison.

There being a pcell of wines sent into this harbour p M : Sedgwick, the l. Ptectc
custome whereof amounted to vpward of forty pounds, which the farmer of
the customes was vnwilling to recouer by a course of law, having no encour-
agm' thereto from the gouerment, now, vpon the pe? of W"" Phillipps, the
farmer, it is ordered, that he be allowed thirty pounds, in reference to the id
custom of wines, vpon account w*" the audito'', which he is willinge to accept
of in full for the id custo of wines.

422 THE KECORDS OP THE COLONY OF

16 57. *Mt a Session of the Ge7i" Court, at Boston, May 6"', 1657.

Chosen : —
Gouerno'', John Endecott,
Dept Gou', Richard Belliuham,

M' Bradstreet, ]

■nr • - TV • r Comissiono".

Majo' Denison, J

M"" Bradstreet M' Symonds, Capt Wiggan, Capt Gookin, Majo' Denison,

Majo'' Atherton, jNIajo'' Willard, Assistants.

M'' Rich Russell, Treasui-er, & M"' Edward Rawson, Secref^.

The names of the Depntyes.
Salem : Majo"" W" Hawthorne.
Charlstown : M" Richard Russell, Thomas Lynde.
Dorchester : Lieut Roger Clapp, Ensigne Foster.
Boston : Capt Tho Savage, Capt Tho Clarke.
Roxbmy : M^ John Johnson, M' Phillip Eliott.
Watcrtown : ISI' Ephraim Child, M' Charles Chadwick.
Lyn : M"" Thomas Layton.

Cambridge : M' Edward Collins, M-^ Tho Danforth.
Ipswitch : M' AVilliam Hubbard, Lieut John Appleton.
Newbery : Lieut John Pike.
Waymouth : Thomas Wliite.
Hingham : M"" Jerimiah Howchen.
Concord : M' Rott Meriam.
Dedham : Capt Eliazur Lusher.
Salsbury : M' Thomas Bradbury.
Hampton : Robt Page.
Rowley : Maximilian Jewett.
Brantree : Samuel Bass.

Doner : Capt Richard Walden, M"' Vallentine Hill.
"Wooburne : Capt Edward Johnson.
Kettery : Humphrey Chadbiu-ne.

Majo' W™ Hawthorn chosen Speaker for y' first session.

W" Torrey chosen Clarke for the yeare ensueinge.

THIS Court, takeing into serious consideraco the great neglect of many
psons, in the infancy of these plantations, to obserue any due order or
legall course for the confirmation of such sales & alienations of bowses & lands
as haue passed, which thing may be of veiy ill consequence to posteritie in
future times, doe therefore order & hereby enact, that any pson or psons that

THE MASSACIIUSETTd BAY IN NEW ENGLAND. 423

liath, cither himsclfe or by his grauuters or assigucs, before the law made for
dii-ections about inheritances, bearing date October 19, 1652, possessed &
occupied as his or theii- owne pp right in fFee simple any howses or lands
within this jurisdiction, & shall so contynue, Avhether in their owne psons, '"g ^eeis.
theii- heirs or assignes, or by any other psons, from, by, or vnder them, without
disturbance, lett, suit, or denyall legally made, by havinge the clayme of
any such pson thereto entered -n-ith the recorder of the county where such
howses or lands doe ly, with the name of the pson so clayminge, & the qualitie
& bounds of the land & howses claymed, & siich clayme psecuted to eifect
within the terme of fiue yeares next after the 20* of this ^sent m", euery
such pprietor, their heircs & assignes, shall for euer after enjoy the same
without any lawful! lett, suit, distui-bance, or denyall by any after clayme
of any pson or psons whatsoeuer, any law or custome to the contrary not-
withstandingc.

*And for all bargaus & alienations made or to be made after the foresd [*19-t.]
terme, that eueiy pson concerned therein obserue the direction giuen in the
aboue recited law vpon pill of suffering all the dainage that shall accrew .
^ them, their heires or assignes, by neglect thereof.

Itt beinge found by experience that the country is much troubled to pse- New coffiiss-".
cute offences of an inferio"^ nature, & to execute & pforme what the law in ^'^''^'"'^ •''""

* thorized to do

seQall cases requires, by reason that y^ magistrate lines farr remote from some the duty of
pts of the country, it is therefore ordered, that for this ^sent yeare, Majo"" W"
Hathorne in Salem, Lyn, Marblehead, & Manchester, jM' Richard Russell in
Charlstowne & Maiden, Capt W" Gerrish for Newbery, M' Bradbury for
Salsbury, Capt Edward Johnson for Wooburne, Redinge, & Bilerica, "W™
Torrey for Hingham, Waymouth, & Nantaskett, Capt Eliazur Lusher for
Dedham & Meadfeild, be impowred in all criminall cases, binding ouer offend-
o"^, taking testemonyes vpon oath, swearing of cunstables, takeing acknowlcdg-
m" of deeds, mariages, to act in their respectiue places as any one magistrate
may doe, of all which acts they are to keep a due record, which they shall
returne to the Court of the county to which they belonge ; & all lawes em-
powreing the coiiiission'''' for y^ ending of small causes (except the coiiiis-
sion" of Boston & Yorkeshire) to act in the cases afforesd are hereby repeald.

Forasmuch as there are many complaynts of the great sufferinge of the Comittees miu-
families of diuers reuerend ministers of Gods word, w*in this jurisdiction, co^^tteeto
for want of such suteable supply as their state & condition doe require, the ^"i"-"^ ^^°

'^'- ■' '■ _ the state of

which thing, if reall, tendeth not only to y" reproach of the chhs of Christ ministers wid-
planted in these pts, but also to the scandall of o' pfession, & the loss of the
Lords favourable psencc w'i» vs, this Court doth therefore order, that Capt

424

THE RECOUDS OF THE COLO^•Y OF

(i Ml)-.

Peltry.

Furr trade with
Indians only as
directed.

[n95.]

Non-liquets.
Law cases, di-
rections in.

Savage, Capt Lusher, & IM"' Siu-veyor Johnson for SufF:, M'^ Eich Russell, Capl
Edward Johnson, & M'^ Edward Collins for ]\Iiddlesex, Majo' W'" Hawthorne,
M' Hubbard, Senio"-, & Capt Gerrish for Essex, Capt Pendleton, M' Vai Hill,
& M' Bradbury for Norf:, be comittees empowred respectiucly within the
seuerall countyes to enquire concerning the truth of the id coniplayut, & if any
be of the ground & cause thereof, as also where they shall find any defect, to
enquire into the state & condition of the people to whom such minister doth
belonge, & make returne thereof to the next session of this Court, that so
this Court, which are, by Gods pmise, nurseing fathers to y" chhs, may sc that
there be meat in Gods howse, & the Lord may still delight in vs to dwell
amongsts vs, & to bless both vs »& o'^ poore posteritie, & the sd scandal!
[evented for y'' future.

Whereas the trade of fi'urrs with the Indians in this jurisdict doth pperly
lielonge to the coinon wealth, & not to pticular psons, who without libtie of this
(Jourt doe trafficque with the Indians, as it may be justly feared, seuerall
^hibited commodityes, as gunns, powder, shott, strong liquors, &6, this
Coiut doth therefore order & declare, that no pson or psons, directly or indi-
rectly, after the publication hereof, doe trate w"^ the *Indians for any sort of
X)eltery, excepting only such as are authorized by this Court, or those deputed
by themj on the poenalty of one himdred pounds fine for euery offence. And
this Comt doth hereby invest Capt Daniel Gookin, M"' Richard Russell, M' Ed-
ward Tyng, Capt Edward Johnson, M'^ Edward Collins, & M' Edward Jack-
son, or any three of them, with full power to find out the best way & meanes,
& to make agreement & contract with such able & honest psons as shall ten-
der themselues to psecute the Indian trade for the best benefitt of the country,
& suppressing of all iregularitys therein, & that all informers of the breach
of this order be allowed ten pounds for euery offence, out of delinquents fines,
& this order forth w"' published by posting coppies in all the townes.

For the better ordering & regulating of cunstablcs watches, which in
seilall respects ai-e found deffectiue, it is therefore ordered, that henceforth it
shalbe in the power of the select men in each towne within this jurisdiction,
or the major pt of y", to order & dispose of the sd watches, both in respecting
time, place, number, qualitie of psons, & what else may conduce thereto, so
as to them shall seeme most meetc.

There beinge a law made in the 6"' mo"', 54, to restrayne butchers from
killing ram or weather lambs vntill they shalbe two years old, sub pcena 20%
which Sd law this Com-t doth hereby repealc.

Whereas in all ciuill cases depending in suit, the pi- ailirmcth >' y"
deffend' hath done him wrong, & accordingly pseuts his case for judgm' <&

THE MASSACHUSETTS BAY LX NEW ExNGLAND. V.

satisfactio, it behoiietli the Court & jury to se y' the uffirmaai be incd by 1 O,")?.
suffycient evidence, else the case must be fouud for y« defFend' ; & so it is alsio ^'"''
in a crirainall case, for in the eye of y" law eiiy man is honest & innocent
vriles it be pued legally to y' contrary. All evidence ariseth ptly from mat-
ter of ffact, & ptly from law or argument : y" matter of fact is alwayes feizeable
to be judged off as well by the jury as by the Court ; & concerning y" law, or
y"". poynt of law, in reference to y" case in ques?, it is more easy & generally
knowne or more difficult to be discerned. The duty of y" juiy is, if they doe
vnderstand the law to the satisfactio of their consciences, not to put it off from
themselues, but to find accordingly ; but if any of y'' jury doth rest vnsatis-
fyed what is law in y* case, then the whole jury haue libtie to psent a speciall
verdict ; viz', if yi^ law be so or so in such a poynt, we find for y« playnt, but
if y'' law be otherwise, we find for the deffeud', in -tthich case the determinat
is left to the Court. And whereas the clause in y'' law, pag 32, mentioning,
where evidence is obscure, the jury may bring in a non-liquet, which words
hath occasioned much trouble & delay in civill pceedinges, this Court doth
hereby repeale the Sd clause, & directeth according to what is aboue expressed
for the future.

It is ordered by this Court & the authoritie thereof, y' euery pson or Replevins.
psons having notice giuen or otherwise left in writing at their howse, or place o„'„^^™'
of vsuall abode, of any of their cattle impounded or otherwise restrayned,
shall forthw"" giue satisfaco to tlie pty wronged, or otherwise replevie their
cattle & psecute according to law, vpon pill of suffering all y" loss & daiiiage
y' shall come to their cattle by standing in tiie *pound, or other lawful! place [*196.
of restraynt, vntill such time as the ptie wronged shall recouer his damage
in a legall way.

Whereas this Court hath made seucrall orders for the p-venting of Dmukenes
excessiue drinkinge & drunkenes amongst the Indians, & yet, notw*"standiuge,
there is little or no reformation in that kind, but it appeareth, by complaynts
from all pts of the country, & that by frequent experience, that no moderation
can be attayned to p>vent drunkenes amongst them, the fruits whereof arc
murther & other outrages, this Court doth therefore, the ^mises considered,
hereby wholy phibite all psons, of w' qualitie soeur, henceforth to sell, truck, .s.verc pciu
barter, or giue any strong liquors to any Indian, directly or indirectly, Jp^i^^t ofTnj
whether knowne by the name of rum, strong waters, wine, strong beere, ^^'nf ">

•' Indians.

brandie, syder, or peurry, or any other strong hquors gocing vnder an\
other name whatsoeur, vnder the pcenalty of 40" for one pint, & .so pportiou-
ably for greater or lesser quantytics so sold, bartered, or giuen, directly .i,
indirectly, as afforesd;& for the better execution of this order, all truckiirj
VOL. III. 54

426 THE RECORDS OF THE COLONY OF

liowses erected, not allowed by this Court, shalbe forthw"' demolished ; &
for the better effecting of this order, it is declared, that one third pt of the
pccnalty shalbe graunted to the informer. It is also hereby declared, that
spociall care shall be had by the grand juryes of euery Shii-e Court to inq^uire
& f>sent to the Comt what they find to discouer matter matter leading to such
a practise agaynst the true intent of this law ; & all other orders, glueing
liberty to sell strong liquors to Indyans, are hereby repealed, & all licenses
formerly graunted are hereby disabled & cald in; pvided alwayes, that it
is not intended that this law shall extend to restrayne any pson from any
charitable act in relieueinge any Indian, bona fide in case of suddaine ex-
treamitie by sicknes or fayntinge which cals for such helpe, not exceedinge
one draram, nor when any phisition. shall ^scribe, in way of phisicke,
any of the ptyculars before mentioned, so as vpon sight of his direction,
in writeing, there be allowance had vuder the hand of one magistrate, or,
where no magistrate is in the towne resideinge, vnder the hands of the towne
commisslono", or any two of them.
Kates rectitied. Whereas it is evident that there is much injustice & inaequallytie in the

assessments of publicke rates in each towne within this jurisdiction, whereby
some are eased & others burthened, & the common wealth ^judiced, for the
^vention whereof it is ordered by this Court, that howses & lands of all sortes
shalbe rated at an indiferent value, according to their worth in the townes &
places where they lye ; also euery bull & cow of fower yeare old and vpward
at three pounds ; heifers & steeres between three & fowre yeare old at fifty
shillinges, & between two & thi'ee yeare old at forty shillinges, & between one
[*197.] & two at SO'' ; *euery oxe of fowre yeare old & vpward at 5" ; euery horse &
mare of three yeare old & vpward at ten pounds, between two & 3 years old
at 7", of one yeare old & vpward at 5" ; euery ewe sheepe aboue one yeai-e
old 25' ; euery goate aboue one yeare at 8^ ; euery weather sheep aboue one
yeare at 10^ ; eueiy swine aboue one yeare old at 20' ; euery asse aboue one
yeare old at 40" ; & in all other respect^^ to pceed as is pvided in the printed
law, title Charges pufe, and according to the law for rectifying assessments
made May, 51, that so many great estates, though more obscui-e & difficult to
find out, may beare their due & just pportion with such estates as are more
obvious & cannot be hid.
Birthes.deaths, This Court, takeing into their consideratio the great damag y* will ynn-

rcc'orded. voydably accrue to the posteritie of this coinon weale by the gen" neglect of

observing the law injoyuing of records of all births, deathes, &.&, doe there-
fore ordci-, that henceforth the clarke of the writts in each towne rcspectiuely
take due care for effecting the same, according to the intent of the afibrcsd

THE MASSACHUSETTS BAV IN NEW ENGLAND. 427

law ; & in case any pson or psous sliall neglect their duty required by the sd
law more then one mo"' after any birth, death, or mariage, the clarke of the
writts shall demaund the same, w"" IS* a name for his care & paynes ; & in
case any shall refuse to satisfy him, he shall then returne the name of such
pson or psons to the next magistrate or coiiiissiono" of the towne where such
pson dwells, who shall send for that ptie so refuseinge, & in case he shall
still psist therein, shall giue order to the cunstable to levie y' same ; & if any
clai-k of y' writts shall neglect his duty hereby injoynd, he shall pay the fol-
lowing pocnalty, viz' : for neglect of a yearly returne to y^ County Court, 5" ;
& for neglecting to returne y" name of any pson returneable by this law, wheth-
er borne, marj-ed, or dead, more than 30 dayes before his returne to the County
Court, 5^ And that no future neglect may be herein, the recorder of each
County Court is hereby enjoy ned from time to tyme to certefy the Co untie
Coiu-ts, respectiuely, the names of all such clarkes as shall neglect to make
their yearly return according to this law, who, vpon notice gluen, shall send
for such clarke, & deale in the case according as law requireth.

For asmuch as the recorders of y" seflall countyes are by law injoynd to Record" fees.
record all wills & inventoryes, mortgages, & sales legally brought vnto them,
& safely to keepe the same, & as yet no law hath pvided or determined their
just recorapence, this Court doth therefore order, that the ffees of the recorder
or clarke of any County Court shalbe as followeth, viz' : for entry of a mort-
gage or sale of howse or lands verbatim, not exceeding a pag, consisting of 28
or 30 lines, 8 words in a line, 12'', & pportionably for what it shall exceed;
& for attesting the record on the originall deed, 6'^ ; & in like manner for Avills
& inventoryes, w"' 6'' a peece for fileing vp the originall, & safFe keeping there-
off ; & for entring the examination & {)ceeding^ in Court in any criminall case,
or f>sentm' w"* the judgm' of the Court therein, 2' 6"^ ; & for entry of a re-
cognizence, 12'* ; to be payd or secured in Court by the delinquent ; and *for [* 198.]
entringe an order, as for the determining of an estate of such as dyed intestate,
or other, wherein the Court is to giue their aprobation or determination, 12''.

Seing it is difficult to order & keepe the howses of publicke entertayn- Lycences
ment in such conformitie to the wholsom lawes established by this Court as is
necessary for the ^^vention of drunkenes, excessiue drinkeing, vayue expence
of money, time, & the abuse of the good creatures of God, it is therefore
ordred by this Court & the authoritie thereof, that no pson or psons hereaf-
ter shalbe lycensed to keepe a howse of common entertaynmcnt, or to sell
stronge waters for any longer then one yeare at one time ; & that such
as keepe howses of publicke entertaynment, or sell strong waters, which for
thi psent are lycenced, (the ^sent vintno" diu-eing their contract excepted,)

428

THE IlECOKDS OF THE COLONY OF

l(ii

P'sidents
graunt.

Mauericks fin
remitted.

[n99.]

shall & hereby ai'e enjoyned to repayre once w"'in this yeare to their seuerall
County Courts, for renewing their licences, according to this law, for which
they are to pay two shillings six pence to the clarke of that Court, or else they
shall forfeit & pay as vnlicenced ale-howse keepers, for euery offence, 5".

In answer to the petition of seuerall of the inhabitants of Lancaster,
Majo'' Symon Willard, C!apt Edward Johnson, & ]\I'' Tho Danforth, ai-e em-
powred as a committee to heare & determine seuerall differences amongst
them, & to manage the prudentlall affayres of the towne vutill they shalbe
furnished with men capable for that imploymcnt, according to la^\■.

This Court doth graunt to M"" Charles Chauncey, president of Harvard
Colledge, 500 acors of land, to be layd out in any place not foniily graunted
by this Court, by Edward Goff & Ensigne John Sherman, survay"".

In answ: to the pet of John Jephson, for releife in respect of a
Scottish servant, which is burdcnsom by reason of a disease, the Court saw
no reason to graunt his pet, but referd him for releife to the towne of Boston.

Fermvn Iladdon, being destitute of an habitation, for answer to his pel
to this Court, is I'eferred to the order of the last County Court att Boston for
releife, which doth fully ^jvide in the case.

Clement Gross ^ferring a pet for liberty to keep an howsc of publick en-
tertaynment, Avhich the Court thinkes not meet to graunt.

Martin Stebbins pferring a pet for lifetie to sell strong beere, which
sd pet the Court saw no reason to graunt.

The Court having heard what ^iP Davison, in the behalfe of Doctor Which-
cott & Rebecca, could say, & on pvseall of y" acco, they haue voted the former
answer, giuen by the Gen" Court to M'' Davisons pet, in the like nature, bear-
ing date 15 Octet), 1G50, to be the answer to his pet, now ^sented to the Court.

jMatliias lues being fined 5" by the County Court, for breach of a law,
desireing the abatement of it, his pet is not granted.

M' Samuel Maverickc, beinge bound in a baud of 20" for the good be-
havio"^ of one Hogsflesh, which his said band was forfeited, vpon his pet to
this Court, his whole engagment is remitted.

*In answer to a pet from seuerall of the inhabitants of Portsmouth, for
settling of a minister, as also their meeting howse, for the fvention of further
inconveniencyes touching the same, that the petio''^ nominate & choose one
man, the rest of y" inhabitants another, & the County Court of Doner a third,
■who are hereby authorized to goe on the place, & to here what on both sides
shalbe alleaged in the ^mises, & determine y" same as they shall judg most
conduceing to y" peace & welfare of y" town ; & in case y" partyes shall refuse
to pceed to choose as afforesd, it is then referd to v'' Countv Court at Doner,

THE MASSACHUSETTS BAY IN NEW ENGLAND. 429

to make such order therein as they shall juilgc best conducemg to y' end, & 1 (j,)7.
cause retiu-ne to be made to y" next Court. ' "^ '

It is ordered bv this Court, that all lawes in force of pubt concernm', not , '■ \ :,

' X- J Lawes printed.

yet printed, be forth with transcribed by the secritary, & sent to the press forth
with, to be printed at y* publick charg, & the printer to be payd by the
Treasurer.

It is ordered by tlris Court & authoritie thereof, y' INI'' Bradstreet, Cap? Comissio" at
Wiggins, Capt Gookin, & Majo' Gen" Denisou, with the rest of the comissiono'"
which are appoynted to keepe the County Courts at Yorke, Douer, & Hampton,
the dayes appoynted by law ; & at theii- being at Yorke whiles M"^ Bradstreet
or Majo'' Denison be there, according to the coiiiission & instructions which the
former comissio" receiued from the Gen" Court when the former eastern
inhabitants were tooke in, that so they may not only take in such as are w"'in
o' limitts, vnder this gouerment, but also to appoynt & settle them in such a
way of gouerment, with commissiono''*, cunstables, & other officers, as they may
be enabled to ^serue the peace, & defend themselues from tumults, & settle
due ministery amongst them, that so they may line according to God, vnder
such ordinances they are capable of; & further, that the sd coiu"" take a due
& effectuall coui'se for the bringing in of John Boniton to a due triall, at Bos-
ton, for his abusiue cariage & speach agaynst this gouerment, & y' they ppor-
tion each of the townes in those pts to pay the seuenteen pounds 10' for time
past & time to come.

In answer to the petition of Henry Sherbimi, who, for reasons exprest in Sherbum answ.
his petition, renounceth the executorshipp of Amt) Gibbons, which this Coui-t
doth allow & approue off, & grants administration to the estate of the id Am-
brose Gibbons to y* id Heniy Sherbourn, & orders, that after the debts of y' id
Gibbons be satisfyed, that Samuel Sherbourn, his son, shall haue a double por-
tion, & the rest of that estate be equally distributed amongst the rest of the
children ; and this Court doth hereby fui-ther impowre the id Henry Sherbourn
to sell & make good tytle to the howse & lands of y id Gibbons, to Avhom he
shall sell the same.

Thomas Boreman, of Ipswich, desireing to be ratefied in reference to his Boreman-
building of a bridg, is denyed his request ; but so far as his pet hath respect
to others making vse of it, the Court judges it equall that none make vse
thereof but by his allowance or contract w"' him.

This Court thinkes meet to graunt vnto Capt Thomas Clark, for some Cap' Ciarks
reasons, 300 acors of land on this side Conectecott Riuer, ueere the lands ^' "" '
lately graunted to TSI'' Bradstreet & INI'' Symonds, pvided it hinder no former
graunt.

THE RECORDS OF THE COLONY OP

*There belnge, about two years since, 200 acors of land granted to MajC
Gen" Denison, in reference to his service to the eastward, now, this Court, on
a second motion, thinkes meet to make an addition of 300 acors to his first
grant, & to be layd out at North Wootuck, or some other place free from
former graunts ; pvided, that the 200 acors only take plac before M' Brad
streets 500 acres.

M' John Johnson having bin long serviceable to the country in the place
of surveyo"^ gen", for which he hath never had any satisfaction, which this
Court considering oif, thinkes meet to graunt him 300 acors, in any place
where he can find it, according to law.

Majo"^ W™ Hawthorn having bin imployed, with other gent, in settleing

the gouerm* in the eastern pts, for which no satisfaction was euer made, this

Court, by way of thankfuU acknowledgm' for that service, thinkes meet to

grant him 300 acors of land, where he can find it, according to law.

Majo'Willards Graunted to Majo' Symon Willai-d, for service to this coUony, 500 acors

grant. ^^ land, in any place where he can find it, according to law.

Cap' Gookins Graunted to Capt Daniel Gookin, for service done to this comon wealth,

500 acors of land, where he can find it, according to law.
Treasurers Graunted to M'^ Richard Eussell, Treasurer, for service done in y' place

graun . ^^^ many yeares, for which no yearly recompenc hath bin allowed, 500 acors

of land, in any place not formerly graunted, or vpon Nipnop Riuer, at his
choyce.
M'Endecotts Graunted to o^ pisent hono'^'^ Gouerno"", Joh Endecott, Es^, a thowsand

^^"°'' acors of land, in lieu of 75 pound payd by him & his wife in the gen" adven

ture at first, where he can find it, not pjudiceing any former graunt.
M' Rawsons Graunted to INI"^ Edward Rawson, sec, in refierence to his service to the

^'*"'' eastward, 200 acors of land to what he hath already had to be layd out, not

interfearing with former graunts.

M' Bradstreets M' Bradstreet hath hbertie graunted him to take the 500 acors of land

graunt. graunted vnto him at the Court in August, 53, on this side Conectecott

Riuer, next the 200 acors formerly graunted him there, in such place as he

can find most' convenient, either below or aboue the new towne that is on the

other side of the riuer, as also to agree or compound with the Indians for

their intrest therein, if the case so require ; pvided, that Majo' Gen" Deni-

sons 200 acors may take place before M'' Bradstreets fiue hundred acors, as

also that it hinder no former graunt.

[*201.] *Graunted to M' Samuel Symonds, that he may take 300 acors of land

M' Symonds as part of his former graunts, (by way of exchang,) to be layd out to be layd

out by M' Bradstreets land on this side of Conectecott Riuer, & to compound

grant.

THE MASSACHUSETTS BAY IN NEW ENGLAND. 43I

•with the Indians for their intrest, if the case so requiie, pvided it hinder no 16 57.

former graunt. "^ y '

Its hereby ordered, that the ©sent secritary take cai-e to make such ''^'

>■ J Secritary to

pvisions for the comission" as he shall judge necessary, both for pvision & pvidefor
attendants.

Nicholas Norton, constable of Waymouth, is allowed three single coun- Nortons
try rates for all his owne estate for loss of an oxe payd in to him in collecting ®*®™^ '°°'
the country levye.

The inhabitants of Chelmford being vnder a fine for not observing the cheimford ane
law about nominatio of magistrates, vjjon their pe? to this Court their fines
are abated to 20^ '

Joh Sterne, cunstable of Bilerica, being vnder a fine for not warning the Bilericas fine
ffreemen to meet about the nomination of magis", vpon his pe? to this Court,
hath his fine remitted.

' Capt Rich Walden, a deputy for Dover, having vrgent occasi, vpon his
request, is dismist the Court.

Hugh Gunison, being returned by the cunstable of Kettery to serue as a Ciunisous cen-
dep' for y' towne, vpon information agaynst him, was judged vnmeet for y'
service, & so dismist y* Court, & discharged from what imployments he hath
had, both In military & judiciary affayres.

Layd out to the vse of the inhabitants of Bllereca 8000 acor of land Biiericaes
lying vpon Merimacke Riuer, on both sides thereof, takeing in the new truck-
ing howse now inhabited by John Crumwell, the id land being layd out about
6300 acors on the east side the riuer, & about 1750 acors on the west side y'
id riuer, & is bounded by the wildernes surrounding the same, as is demonstrated
by a plott g>sented to thisCou''tby Majo"' Willard & Capt Johnson, appoynted
to lay out y^ same, the returne of which coiiiissio''^ was approued of. P Curia.

In answer to the pe? of Georg Wallice, refering to a bargan between WaiUcean-
Samuell Bennet & himselfe, the Court thinkes meet that in regard the pe- "^'^'^'
titiono' sustayned the loss of about forty pounds, or more, to attayne a release
of the bargan betwixt him & M' Bennett, wherevpon he receiued most of
the goods agayne, that the fine respecting this case should be remitted ; but for-
asmuch as the petition sold to others at oppressing prizes, the Court orders
that he should pay ten pounds of the fine imposed vpon him.

In answer to the pet of Samuel Bennett, the Court vnderstanding that Bennitts an-
the petition"^ receiued of M' Wallice about forty pounds, or vpward, meerely
for the release of the bargan between them, all other charges the pef was
necessaryly occasioned thereby fully satisfyed, so farr as is made to appeare,
doe there judg it not meet to graunt the petition, in remlttin the hue in whole
or in part.

432

THE RECORDS OF THE COLONY OF

Hampton
bounds.

1G57. *The Court, hauing read & considered of the seuerall ires & papers

^^ ' ^ refering to the rescue of Chasmore, of Pautuxit, thinke it necessary that

something be done to vindecate o'' just right of judicature ouer them, & that
we should not pass ouer in silence the affront offered to the marshall, & those

Chasmors case. ^

An Indian les- y* were w* him, by the men of Providence ; & although we ought to signifie
mMshlu™ * ^ to the president o'' good acceptance of his readynes to apply himselfe to what
may conduce to wayes of peace & righteousnes, yet that we also lett him
vnderstand o'' deep sence of the injury done vs in g>venting vs in the psecu-
tion of justice agaynst delinquents, desireing the id president to consider of
some way for giueing due satisfaction to vs in doeing justice vpon such psons
as vpon examination shalbe found guilty, according to the meritt of the fact,
that so, justice having a ffree course amongst vs, peace & amitle may be mayn-
tajTied between the two jurisdictions ; & it is o" desires that o' pisent hon"*
Gouerno'' & Dejjuty GoQno'', by ires, with all convenient speed to let the id
president vnderstand the Courts pleasure herein.

In answer to the pet of the inhabitants of Salsbury, in refference to the
settling of the bounds between Hampton & them, the Couit hath nominated
Lieu? John Applton, ^I'' Joseph ISIetcalfe, & M"^ W" Bartholmew, of Ips-
wich, Nic° Noyce & Daniel Pearce, of Newbery, who are hereby empowred
as coinissio" to act in this case according to former orders of Court ; & whatso-
euer they, or y' majo' pt of them, shall conclude in refference to the id bounds
mentioned in this pet to stand fii-me & good, pvided that Capt Nic" Shap-
leigh, of Charles Towne, be pcured by the ptyes to assist the coinissiono"
in drawing out a plott & runing the line according to their dii-ection, the
charg of the coiiiissio"'^ to be borne equally by both townes, & the artist to be
payd by Salsbury only, & that a true returne be made of what is done herein
to the next session of this Court, to be ratifyed & confirmed.

An answer to the pet of the farmers of Charlstown ferry in seflall ptlcu-
lars : 1. For siue payment the law hath already pvided in anno 48. 2. That
in case of chang of money, o"^ coyue, being not in smaller peeces then 6'' or
S**, it shall not be lawfuU for any passenger to refuse to receiue a penny or
2'^ in good peag, to make, their chang more easy & ready. 3. Respecting the
passages of cunstables, in all cases they should pay for their owne passages ;
& for such as ai-e or shalbe imployd in publick service by authoritic, they shall
bring with them a certeficate vnder the hands of them by whom they are im-
ployd, which shalbe payd by the Treasurer of the country or counter, accord-
ing to order exprest in the certeficate, to which Treasurer it pply belonges.

*In answer to the pet of Elizabeth Jackson, for the remittment of a fine
for not pveing her liusbands will, the Court judgeth meete to referr the

Ferry farmo"

[»203.]

THE MASSACHUSETTS BAY IX SEW EXGLAND.

433

moderating of the fine the petio'' hath inclined to the next Countey Court at 105 7.

Ipswitch, as they in their discretion shall jiidg meet ; & it is ordered that the ^" — '^ '

party that ought to proue the will to appeare at the id Court. "'''

In answer to the pet of John Triinible, of Rowley, for y^ reniittment of Trumblcs
a fine for not timely pueing of a will, the Court judgeth meet to referre the ''"*"""
moderating of the fine to the next County C'ourt at Ipswich, as they in their
discretion shall judg meet.

In answer to the pet of Tiiomas Gayner for liberty to review his action, Gayners
the Court, considering the order, in answer to his pet, at the Gen" Court, in ^"''"■^''•
May, 51, whereby the petitio'' is enabled to review his action by vertue of his
charter pte, altho canceld, thinkes meet he be still referred thereto ; & as for
his want of estate, he may take the benefitt of the law in that case pvided.

The cunstables of AYayniouth & Brauutry being defectiue in makeing Waymou*
their returnes of the clioyce of y* deputyes of the seuerall townes according
to law, & being lyable to the pocnalties of 20', vpon the constables of each
towne, the Court, vpon their appearance, & a hearing of what they had to say,
thought meet to abate the fine of the cunstables of Waymouth to fine shil-
lings, to be equally borne between them, & that Brantree cunstables haue their
fine abated to fine shillinges, to be equally borne between thcni.

This Court being informed that there is about 17" ^^'itlloldeu by Richard Woodyes debt.
Woodey from this jurisdiction, by occasion of some transactions about the In-
dians, concerning which tliere hath passed some accounts w"" the coiiiissio''
of the colonyes, for the recouery whereof this Court hath empowred il'' Ed-
ward Rawson, sec, to be auturncy, in the behalfe of this jurisdictiO, & to pse-
cut the suit to eft'ect.

Whereas the lauds & pprieties of tiie bono''' Capt Wiggiu hath not Capt. Wignin.
hitherto bin brought within the lymitts of any towne, nor bin lyable to pay,
taxes & assessments as others of o"" bono'"' magis'* haue done, it is therefore
ordered by this Court, that henceforth the now dwelling howse of the sd Capt
Wiggau, together with the lands & pprietyes thereto appteyning, shall belonge
to the towne of Hampton, & by the select men of the sd town to be assessed in
all rates according to law, any custoiae or vseag to the contrary notwithstand-
ing ; & that for y" tyme past lie allow only the bume of 5" to the publick
treasuiy.

*Thonias "West, about his burglary, which was not issued, & was left to [*I204.]
moue the Gen" Court what to doe in it, he standing bound ouer to Salem 'West, buigia-
Coui-t, this case is referred to Salem Court, ■« ho are hereby impowred to hcarc
& determine the same.

In answer to the pet of Samuel Cole & James Johnson, administrato'-' to Culcs ausw.

VOL. III. 55

434 THE RECORDS OF THE COLONY OF

the estate of Edmund Gross, liberty is graunted to the id admiuistrators to
make sale of two thirds of a certayne howse mentioned in the id pet, for the
V5C & behoof of the children of the id Gross.
H. Chadbunie Humphry Chadburnc, deputy for the towne of Kettery, vpon Ids request

cused. fo tlie Court, is dismist from any further attendance on the Court.

il"^ Treasurer, Capt Lusher, & M'' Ephraim Child were heretofore ap-
poynted to inform themselues about the state of Cambridg, & whateuer else
they shall judge meet for this Court to know in the case, &6 ; this order to be
agayne in force, & so to contynue vntill the next session of this Court, to
which the coriiissiou" aboue mentioned are to make their returne.

M'Rawson, We, whose names are vnder written, being appoynted by the Gen" Court

200 acors. ''° ^^Y °^^ ^^^ acors of land for M'^ Edward Rawson, haue done accordingly,
as followes : on the east side of Kachecha Riuer we haue ordered one hmi-
dred acors, begining at a beech tree neere the riuer, marked E: R:, & from
thence to run northward 80 rod, & from the marked tree eastward two hun-
dred rod ; & one hundred acors on the west side the riuer, a little below the
Indian path, begining at a white pine, marked as afforeid, & from thence to
run southward, but could not further determine vntill Doner hath layd out
their bounds. The foresd path lyeth about 3 miles aboue Peter Coffins
howse. Dated -1 of ^lay, 1657.

■BRYANT PEXDLETOX,
PETER COFFIN.

This retume was approued of by the Couit, & the Sd land confirmed to
the 5d M"^ Rawson & his heires foreuer.

In answer to the pet & complaynt & Ann Bate, in reft'erence to the

Ann Bates child of Goodma Buck, deceased, its ordered, that the id child should be

Hin ham*^" " ^oi'^^^with Safely convayed backe agayne to Hingham, at the chai-g of them

that caused it to be brought from thence, & that the select men of Hingham

take care to pvide for the child according to y" order of the County Court

formerly to them directed, which if the select men afforeid, in the behalfe

of the towne, further yet neglect, they may expect the displeasure of this Court.

[*205.] *We, whose names are subscribed, according to an order & graunt made by

M" Noweii, the Gen" Court, October 14"', 1656, haue layd out to M"» Parnell Nowell,

land laid out. ^ j > j

1000 acors of land, lying beyond Doner bounds on the northwest, & lyeth
vpon Chochecho Riuer, on both sides thereof, begining on the northeast side
of the sd riuer, on the north side of a brooke that runneth into the sd riuer,
on the northwest side Shohomogomocke Hill, lately planted by Indyans, &

THE MASSACHUSETTS BAl' IN NEW ENGLAND. 435

lying two miles in length vp streanie vpon y" the sd riuer, & halfe a mile in 1 (J 5 7.
bredth, also on the southwest side of the id riuer, begining at a pine tree " '^ '
marked, standing anent the afforesd Shohomogomocke Hill, & from thence run-
ing southwest f of a mile, & in length vp streame one mile & a halfe, & at the
vpper end of the sd lyne lying in breadth from the riuer ^ of a mile, being
palell to y° lower line ; also layd out vnto '^ly Samuel Nowel 1000 acors lying
on the south & east side of the afforesd Shohomogomocke Hill, & is bounded
with the wildernes land anent the great pine swamp on the northeast side
thereof, & so contynued between that Chochecho Eiiier toAvards Doner
bounds, the which southeast lyne we could not clearly determine, bee Douer
bounds is as yet vnlayd out. Giuen vnder o"' hands the 28 Aprill, 1657, by vs,
Tho Danforth & Robert Hale, the returne of which comissiono'"'' in reference
to the lands aboue mentio was accepted of by the Court.

These coiiiissiono" aboue mentioned were appoynted to lay out also three
thowsand & two hundred acors of land graunted to 1\I'' Thomas Dudley, Escp,
& Increase Nowel, gent, deceased, as execute™ of the last will of M"' Isaake
Johnson, deceased, according to the graunt ; pvidcd, that the ten pounds due to
the country from the executo" of M' Increase Nowell be first payd to the
country Treasurer, or securitle giuen for the same.

We, whose names are herevnder written, being appoynted by y" Gen"
Court, October, 1656, to lay out to M'^ AV'" Hubbard, of Ipswich, Sen"', 1000
acors of land in any place or places beyond Exeter Riuer, E: or N: E:, haue
accordingly layd out the sd land as follows, viz' : vpon the north side of Ino-
checha Riuer, about 8 or 9 miles from the mills, as we judge, the number of
890 acors in a pine swamp, begining at the westermost end of the sd swampe,
at a great red cake, marked on 4 sides, & from thence 80 rod east & by south,
to a great white pine tree vpon the wcstmost eiul of a great old Indian feild,
& from thence along the same lyne, through the sd feild 820 rod, to a great
pine tree marked on 4 sides, & from thence vpon a northeast lyne 240 to a
great pine tree vpon y" topp of a hill, marked on 4 sides, & from thence west
& by north 320 to a red oakc marked on fower sides, & from thence 320 to the
first marked red oake, & vpon the castmost end of the afforeSd diuision 200
rod square vpon each corner, bounded with a great pine tree marked on 4
sides, 8c the rcmaynder of the 1000 acois layd out In two small pcclls of land
on both sides the riucj- ; that on y"" north side contayning about 70 acors,
bounded w"' the riuer, & a great hemlock tree marked on fowre sides \\lth a
T & a W, & 3 pine trees & a little white oake, all the trees *markcd on lower [*20().]
sides ; that pcell of land on the south side about forty acors, bounded by tlie
riuer & two pine trees, a hemlock & a beech, all the trees marked on fo^^ er

436 THE KECOKDS OF THE COLONY OF

G May.

Acts to be re:
three times,
once on each

1 G5T. sides; these two later pcells lyingc about 3 or -1 miles from the mills vpon
Inochecha Riuer, as ^\c suppose, all the scl pcells contayiiing, as appears, 1000
arors. Aprill 28, 16o7.
Samuel Hall & The Coiirt allowed & approued off the 890 acors in a pine swamp, as aboue

Tho. Bradbury. .^ g^^j.^gj^ i^y^ ^^^ jq j£v W' Hubbard, & to his heires for euer ; & for the
110 acors exprest in y*^ retume, it was voted to belong to the sccritary, M"^
Edward Rawson, & therefore he is at his liberty to lay so much as compleats
that graunt according to the id grauut.

Whereas it is found by experience that the passinge & enacting of diuers
graunts, orders, &S, & lawes, vpon the first pposall, hath occasioned many in-
conveniencyes which might haue bin j^vented by mature delebratiou, & that
it is the laudable custome of the pliament in Engl to pass no bills which hath
not bin thrice read & debated, it is therefore ordered & enacted by this
Court, that no graunt of land, law, or order, except transient acts, shall
henceforth be of force, but such as, after reading & mature considei'ation on
three seilall dayes, shall be approued & consented to by the majo"" pt of the
jMagistrates & Deputyes.

Courts answer The answer of the Gen" Court of the Massacusets to y' motion or request

to Indians de- • -..t- c -vt -nr ■ -itt-

oi Wequagonoag, sachem ot JNaraganset, Wetowasnati VViscoquonc,
coiiiissio''* for Massepetoat, Pecomptick, sachem, Wampequamenet, sa-
chem, Warquacunc, for liberty or consent to make warr vpon Vncas,
^ sachem of the JMohegins.

We acknowledge the friendshipp of the Narragansitt, Pocunjiticks, &
Mowwakes in many of the pticulars mentioned, which we haue euer answered
w"' like loue & friendshipp, & haue neuer done them, or any of their people,
any Avrong or injury since o'' coming hither, & desire that lone & peace may
be contynued between vs & the succeeding generations.

2. We like well their |fsent address to the English before there be any
fiuther engagment with "N^ncas, & should haue taken it more acceptable if they
had done so formerly.

3. Concerning the difference between Vncas & the Pocamtuck Indians,
as we doe not fully vndcrstand tho ground of it, not hauing heard both ptyes
togeather, so vpon what we haue heard we arc apt to think Yncas may be in
fault, which if it appeare it l)c so, vpon due hearing, the English will not ex-
cuse or countenance him therein ; but seing the Pacomtuck Indians haue had
so great a victory oii him, & kild so many of his men, we thinke they may
well rest satisfyed, & doe desire there may be no further pceeding in way of
hostillitie till the comissio" uf the seliall colonyes haue heard & judged of

sire of makir
war on anoth

THE MASSACHUSETTS BAY IN NEW ENGLAND. 437

the case, who are to meet at Boston 4 mo""' lience, & are deputed by all the 16 5 7.
English to heare & end all differences amongst the Indians that are in friend-
ship with vs, which if you will pmise to doe, *we will forthwith require
Yncas to forbeare any assaults agaynst yo'"selues or ffriends, & doe expect he
will doe accordingly.

i. As for the motion of the Narragansitts, for libertye to ayd y" Pocomji-
tucke or jNIowake Indians agaynst Yncas, we cannot by any meanes assent
\-nto, much less vpon any such old & offensiue ground as was mentioned, &
which the dead sachem of the Narragansitt, at the last meeting of the com-
mission at Plymoutli, did openly pfess, before many sachems & others, to
throw away & for euer to forgett ; & for any late & new injuryes or affronts
that Yncas may haue done or offred, the coiiiission''^ at their next meeting
wilbe ready to heare, & cause due satisfaction, if the case requLre it, to
be giuen.

"We take notice, that you arc miudfull of the couenant made with the
comission", at Boston, in the year 45, which is 12 yeares agoe, not to warr
with any Indians that are in friendshipp with the English, without the consent
of the coiiiission''*, & therefore like well there coming now for advice in so
great a case, that may so deeply concerne both them & vs ; yet we cannot con-
sent to the motion, but doe require you, according to yo' couenant, & as you
desire the contynuauce of o"" friendshipp, to forbeare any hostill atempt
ugaynst Yncas, or any other Indians in ffriendshipp with vs, till you haue
libertie from the coiiiissiono" of the colonyes so to doe, to whose next meet-
ing we farther referr you for finall resolution in all cases of differences, & him
or any others.

AYe, whose names are herevnto subscribed, being appoynted by the Gen" Hingham &
Courts of the INIassachusetts & Newplymouth to settle a diffrence between the „^^rsh.
townes of Hingham & Scituate, referring to 60 acors of saltmarsh graunted to
the Massachusetts, lying on the east side of the Riuer Conehassett, & in obedi-
ence to the sd order mett accordingly vpon the place, & vpon a survay of the
sd land could not find any bound markes appearing, according as it was set out
by Hingham men, but vnderstood that Hingham men had run the lyne a little
higher vpon the riuer then Scituate men had done, & thereby had taken 6 or
7 acors of land vpon the riuer, which Scituate men had layd out neere the
sea, which we conceiue was not so agreeable to the coinissiono''' order as the
first lyne, & doe therefor conclude & agree, as a full issue of the case, that
the sd Ivne, as it now stands marked & bounded bv Scituate men, shall stand

THE r.ECURDS OF THE COLONY.

firme & good, & the other lyne, run by Illngham men, to be voyd & of none

effect. Subscribed by

W TOREEY &

JOSIAS WINSLOW.

Cap? Brackett, being not so cleare in this determination, was not willing
to subscribe.

The Court doth approue of the returne of the coiiiissiono" in reference
to the land aboue mentioned. '

[*208.] *In answer to the pet of M' John Alcocke, the Court doth confirme &

allow of 842 acors of land, which, according to former graunt, he hath caused
to be layd out between the two Indian townes of Natick & Wippsupperage,
bounded according to a draught presented, together with his pet; & also
doe further graunt vnto y' petitio"' one hundred & odde acors more, to be
afiexed to his former graunt, according to his desire in his peT, pvided it
hinder no former graunt.

GENERAL INDEX.

GENERAL INDEX

Acadiii. negotiations with M. D'Aulney, gov-
ernor of, 44, 45

commissioners to treat with governor of, . 76

hostility to governor of, tlisclaimeJ, ... 74
See D'Aulney, Penobscot.
Accounts of the commpnwealth to be kept by

an auditor general, 54 — 56

Actions at law : House of Deputies dissent
from magistrates on bill giving the
country preference to other credit-
ors, &c., 17

under twenty shillings., when magistrates
are interested, may be tried by select-
men, ~ ... 78

may be tried after less than six days' notice
where a stranger is party, at the dis-
cretion of the clerk, 78

under twenty shillings to be tried by com-
missioners to be hereafter appointed by
County Courts, 105

day of summons and of appearance to be

included in the si.\ days, 109

officer not compelled to arrest or detain the
person without payment of fees and
security given, Ill

for assault and battery may bo tried here,
though committed in England, the
action following the person, .... 136

appellant must state ground and reasons
of appeal six days before the Court to
which the action comes ; appeals to be
considered in the nature of writs of
error, operating to suspend judgment
and execution, 167

Court of Assistants not to try actions cog-
nizable by inferior Courts, and County
Courts not to try cases cognizable by a
VOL. HI. 50

magistrate, or by local magistrates, or
commissioners, except by way of ap-
peal, 167

persons forbidden to ask counsel of magis-
trates upon actions which they are to
bring, 168

coming before the General Court, mode of

acting upon in General Court, . IT!), 180
See Court, General, 1649.

party absent when case is called to be de-
fauhed, or non.suited, with costs to the
adverse party, 185

plaintiffs at liberty to take out either sum-
mons or attachment against defend-
ants, (to prevent fraud by defendants
in removing property after suit be-
gun.) 187

may be entered by strangers in any Court

in the colony, 202

written evidence substituted for oral, . .211

attachments to continue till after judgment

and execution 211

in trespass, where damages are stated at
forty shillings, but are found to be
under forty shillings, judgment to be
for defendant with costs, 212

parties appealing and not prosecuting same

to pay forty shillings fine, . . . 221,222

plaintiff to state in original process in what
character he brings suit, whether as
executor, administrator, attorney, kc, 222

Courts to try without juries, unless either
party, desiring otherwise, gives due no-
tice and pays twenty shillings therefor, 262

fees for entry of, in Boston Commissioners'

Court, 283

See Boston Commissioners' Court.
(441)

442

GENERAL INDEX.

Actions at law : may be entered where the
plaintitf or defendant dwells, so as
Court's process travels not beyond its
jurisdiction, 284

execution of judgments from General
Court or Court of Assistants to belong
to Marshal Edward Mitchelson, . . 305

persons having decided cases in inferior
Courts not allowed to sit or vote
upon the same in the Court appealed
to, 318

appeals declared to be in nature of writs
of error, not wholly revoking judg-
ment, tase to be judged by former evi-
dence only 343

cases in the nature of appeals to be stated

without use of parties' names, . . . 343

judgments and executions not to be as-
signed or transferred before execution
levied, 356, 357

burden of proof rests on affirmative —
failing, costs to be given to defen-
dant, '. 4-24, 425

Further, see Jury.

See Appeals.
Adams, Addanis, Alexander, sale of house to,

confirmed. 256

George, 308

Henrj-, 67

clerk of the writs, 81

Nathaniel, 158

Richard, 330

Addis, William, surety for Barnes, ... 80

See Barnes. Sarah.
Administration of estates. 172

See Estates.
Admiralty law, see Lex Mercatoria.
Advancement of learning in New England,

declaration concerning, 279, 280

Agamenticus, 288. 289

See Kittery.
Agawam, Sagamore of, is allowed to have his

gun mended, 78

Agent of the colony, Edward Winslow, one

hundred pounds raised for, .... 79

letters written to Plymouth and New Ha-
ven, desiring union in the sending. . 79

See Edward Winslow.

Mr. Winslow, taxes of Boston and adja-
cent towns to be paid in twenty days,
to aflbrd supply for, 118,119

fifty pounds to be sent to, forthwith, . . .128

letter to, 178

other New England colonies desired to

pay their share of expense of, . . . 200
Alee, a Welsh woman, suspected of incendia-

rism, sent to England, on petition of

George Munnings, 274

discharged from prison, 296

Alcock, Alcocke, John, and Mrs. Dingham. peti-
tion concerning division of real estate, 81
his mortgage to William Parkes confirmed, 108
eight hundred and forty-two acres, pur-
chased of John Norris and others, lo-
cated for, 377

his former grant of land to be located by

Thomas Danforth, 405

his grant of eight hundred and forty-two
acres near Natick confirmed, and ad-
ditional grant made, 438

Samuel, 82

Alcoholic liquors, order concerning revenue on, 318

sale of. to Indians, 369

See Indians.

law restricting sellers of, 359

Allen, Bozoon. 4, 24, 29, S3, 94

chosen lieutenant. 146

captain, 229

excused from attending the General Court, 83

acknowledgment of, 206, 207

four pounds allowed to, on account of pow-
der, 252

on committee concerning abuses in tan-
ning, 275

deputy, 1, 183, 220, 259

deceased, order concerning probate of his

\vill, executors, iac 292

Edward, deceased, 304

acceptance of his executors' account

deferred 81

John, 193, 368

minister of Dedham, location of farm

of, approved, 323

to be paid one hundred and thirty pounds,

for the one hundred pounds advanced

to ]\lr. Winslow, colonial agent. . .171

Margaret, formerly widow of Edward

Lambe, authorized to convey estate

of said Lambe, 216

Samuel, administrator of Edward Lambe, 216
Mr., committee appointed to draw commis-
sion for, as to the mission he is sent
concerning the ship hovering on the

coast, 10

Mr. , 45, 178

Mr. [Bozoon], 12, 15, 16, 20, 24, 25, 26, 46. 74,
119, 250

has leave of absence 15, 45

deputy, 10, 39, 44, 62, 105

Captain [Bozoon] 221

Allerlon's Point and Naluui!. islands between,

granted to Captain John Leverett, . . 293

GENERAL INDEX.

443

Allin, Mr 419

Anabaptist, 67

See Witter, William.

Anabaptists, 134, 135

Court, in answer to petition of Downing, re-
fuses to alter or explain laws against, 51
law against, continued upon petition of

seventy-seven inliabitanls, .... 64
letter from the General Court to Plymouth

concerning, 173

See Plymouth.
Ancient and Honorable Artillery Company,
formerly '• Militia Company of the

Massachusetts,'' 186

Ancient writings of the first adventurers and
other papers left in Governor Win-

tlirop'.s study, 179

Andover, . . V23, 140. 14.1.191, 219, 221, 307, 345
sale of lands in, by Cutsharaakin, to John

Woodbridge, for inhabitants of, . 73, 74
commissioners appointed to locate roads

from, to other towns, 140

petition for increase of territory ; commit-
tee appointed thereon. 272

and other towns to locate aijd make high-
ways, 282

to Reading, committee appointed to lay out

highway from, 302

and Reading highway located, .... 330
Ipswich, Rowley, and Newbury highway,

report of committee to locate, . . . 305
Andrew, Andrewes. Samuel, on committee to

find the northerly bound of the patent, 329

committee's return, 361

See Boundary Line. North.

Androwes. Thomas, 124

Angier, Edmund, 207

Antigua, trade with, in 1651 224

See Barbadoes.
Antinomians, law against, continued on petition

of seventy-seven inhabitants, ... 64
Appeals to be accounted in the nature of a writ I

of error, 167

to Rome not admitted to remove causes out [

of the Courts in England 97

See Actions at law.

Appleton, Lieutenant John 432

deputy, 422

and Priscilla Glover, Henry Dunster,

authorized to marr)-, 248

Apprentices, students, and other youths, order

discouraging dissipation among, . . 242

Archer, Samuel, 354

marshal of Salem, paid for sen'ices, . .417

Armitage, Joseph, 276

licensed to sell wine at Lynn, 144

Armitage, Joseph, petition for abatement of fine

of five pounds denied 232

and Blr. Ottley. award of referees between

confirmed, 8

Arms. &.C., all inhabitants to provide, ready for

service, 5

and ammunition ordered by House of Depu-
ties to be divided (after provision for
the Castle) between tlie counties ; ma-
gistrates dissent, 5

notes for the return of, tO' be sent to R. Fair-
banks, 14

proposal in conference from House of Dep-
uties for increasing efficiency of ar-
tillery, 16

surveyor ordered to procure bullets, &c., . 41

surveyor authorized to sell, 50

surveyor authorized to sell to residents, . 52

defective guns to be sold to Mr. Leader

upon appraisement, 65

Endicott and Willoughby commissioned to

procure powder, 68

fifty pounds appropriated for powder, . . 122

close committee appointed concerning the

stock of powder, 162

surveyor and others strictly forbidden to
loan or sell powder without order or
permit of Court, 163

surveyor directed to call in the powder lent

to Gibbons and Sedgwick, . . . .163

two hundred pounds appropriated for pow-
der, 169

towns ordered to provide a stock of, . . .169

Johnson and Penn authorized to contract

for supply of powder. 181

taxes of towns adjoining Boston to be as-

.signed to surveyor to purchase powder. 185
Humphrey Atherton joined to surveyor, 185

surveyor not authorized to sell any ord-
nance, or their appurtenances, . . .187

secretary to send to the towns the order
concerning their providing powder,
bullets, &c., 187

guns loaned to Captain Tyng to be paid for, 229

imported, to be entered by notary public in

a record, 239

surveyor general is granted five pounds per

annum, 248

guns to be mounted for use by Boston and

other towns that have them, .... 284

secretary authorized to sell powder to the

several towns, 348

guns in the several towns to be mounted, . 374
Arnold, Benedict, 38

is desired to buy corn of Pessicus for Pum-
hom, 116

444

GENERAL IXDEX.

ArnoUl, William, 193, 199, 216, 272

to be paid seven pounds two shillings for

corn furnished the Indians, 125

his account allowed, 140

and others, inhabitants of Showamef, taxed

in Rhode Island, 228

See Showaraet.
Arson and burnina; stables, haystacks, &c.,
declared felony, and punished with
death, damaged party to be satisfied

from estate of criminal, 263

Artillery, 16

See Arms, &c.

Ascough, Sir George, 240

Aspe Brook. 410

Aspinwall, William. . . . 253, 254, 278, 279, 307
John Wicherdon plaintiff against, judg-
ment for plaintilj; 253

reflecting on judgment of Court, is fined
and deposed from offices of recorder
for Suffolk and clerk of the writs for

Boston, 257, 258

Mr. [William], 226

Assabeth, see IsabcClh, 225

Assabeth River, 235

Assault and battery 136

Ity and upon husbands and wives forbid-
den under penalty, 212

See Actions at law.

Assessment of taxes, 116 — 118

See Ta.xes.

Assessors, duties of, 221

See Taxes, assessment of.

Assistants, oath of, 11

estate of, to the amount of five hundred
pounds, exempted for three years from

taxation, 13

order for nomination and election of, . .177
oath of. to be administered to Mr. Salton-

stall by Mr. Symonds, 125

Associates, two to be chosen in each county,
who, with one magistrate, are to hold

the County Court, 211

order directing choice of, as to Suffolk and

Middlesex, repealed, 222

time appointed for nomination or election of, 280
Astwood, James, deed from, to Maverick, can-
celled, 345

See Maverick. John ; also Phillips, Wil-
liam,
deceased, William Parks administrator, . 347
division of estate for widow's dower, . . 366
Atherton, Humphrey, 123, 185, 198, 201, 206, 311,
319, 368
commission and instructions sent to, (in war
against Narragansetts,) 39

Atherton, Humphrey, commissioner to Plym-
outh, 198

See Plymouth, 1650.
granted five hundred acres of land, . . .201
ten pounds granted to, for services in Nar-

ragansett expedition, 218

chosen speaker, 297

deputy, 121, 183, 220, 297

assistant, 339. 372

Lieutenant [Humphrey], 10, 14, 18, 23, 27, 37,

44, 46

absent from House of Deputies, ... 39

leave of absence granted to, .... 45

deputy, . 9; 44, 62

Captain [Humphrey], 68, 70, 78, 83, 85, 129,
131, 237, 277, 351, 367, 372

Major [Humphrey], 401, 413

assistant, 422

Atkinsoi;!, Theodore, 257, 390

Aubery, William, reproved for reproachful
j speeches concerning the General

Court, 390

Auditor general, office of, established at salary
of thirty pounds ; Nathaniel Duncan
chosen ; instructions as to duties of,

54—56

oath of, 57

and Captain Tyng to take the Treasurers

account annually. 129

ordered to execute the law concerning
revenue on goods of the United Colo-
nies, 152

See United Colonies,
granted thirty pounds for collecting wine

duty, 180

the choice of, annually, referred to next

General Court, 300

and Treasurer, accounts of, to be taken by a

committee, 155, 277

is desired to continue in office till next

Court of Election, 418

Austin, Samuel, 333

Authority in parents, masters, magistrates, com-
missioners, &c., does not hold against
God or his commands, as stated by the

commissioners, 324

Avery, Christopher, fine remitted on account of

age and poverty, 364

Awussamug, an Indian, petition, vs. Captaiu
Keane and Mr. Parker, referred to a

due course of law, 386

A.vey, James, deputy, 3..0

Babb, Philip, 308

Bacon, William, 120

Baker. John, 219

licensed to draw wine at Ipswich, . . . 108

GENERAL INDEX.

445

Balcer, John, of Ipswich, to be paid his claim

against the colony, 214

Baker, John, of Wells, 334, 338

case between him and IVIorgan Howell

continued and referred, . . . 334, 338

deputy, 183

Nathaniel, vs. inhabitants of Hingham, . 197
See Hingham.

Nicholas, 83

Richard, 302

Thomas, sale of land to, confirmed, . . . 2.55

Bakers Pond, 305

Bakers regulated concerning proportion be-
tween prices of bread and wheat, . .103
order regulating weighing of bread, by

clerk of the market, 266

Bald Hills, 305

Ball. Richard, 337

Ballard, Mr., ' 48

Ballew, William, 120

Baptism of children : uniformity desirable, dif-
ference of opinion concerninir, to be
discussed at the synod at Cambridge, 71
Baptists, see Anabaptists.
Barbadoes, Virginia, Bermudas, and Antigua,

law forbidding trade with, .... 224
&c., merchants, allowed to load for, on
giving security not to land goods un-
less the places are under government

of the Parliament, 240

Barber, George, 290

Barberry Swamp, 305

Bare Hill, 305

Barker, Richard, 305

Barkley, Barkly, alderman, 146

suit against, by Lady De La Tour, ... 49
See Winthrop, Stephen.

Barlow, Bartholomew, 133

George, 336, 337

Barnes, Sarah, 80

Matthew, 43

Barney, Jacob, 113

member of House of Deputies, dissents
from sentence of Court on Dr. Childs,

and others, 113

deputy, 105, 297

Barratry, 103

See Malicious Prosecution.

Barren, John, 354

messenger to Indians, 349

Barrett, John, Senior, 332

Junior, 333

Barstow, Michael, deputy, 297

Bartholmew, Bartholomew, Henry, 94, 202, 215, 240
deputy, ... 9, 39, 44, 62, 147, 182, 220, 258
William, 394,411,412,420,432

Bartholomew, William, deputy, 105

and Henry, of Ipswich and Salem, ad-
vance money for e.vpenses of United

Colony commissioners, 202

Mr., 10, 30, 78, 115, 157

Bartlet, Bartlett, John, constable of Newbury,
fine for not providing weights, &c.,

remitted, 194

Bartlet, Robert, of Springfield, 378

Bartlett, Robert, of Northampton, 414

Bascom, Bascum, Thomas, 378, 414

Bass, Basse, Samuel, 158

to end small causes at Braintree, . . .161

has leave of absence, 16, 45

deputy,. . . . 10,39,44,147,259,340,422

Deacon, 376

Bass River, 154

Basset, William, of Sandwich, petition for re-
scinding forfeiture of nine bushels of
peas for non-payment of duty, de-
nied, 193

Bassum, William, 384

Batchelor, Batchiler, Joseph, 6

deputy, 2

Mary, petition for divorce from her hus-
band, now in England, referred to

York Court, 418

Mr., petition of, denied, and he left to
his remedy at Salem or Ipswich

Court, 13

Mr., 253

See Hampton.
Bates, Ann, petition concerning return of child

of Goodman Buck to Hingham, . . 434

Batson, Stephen, 338

Batt. Christopher, authorized to end small

causes at Salisbury, 123

commissioner in Norfolk County Courts, . 200
plaintifl" against Salisbury, (on appeal;)

judgment for defendant, 329

dcput}', 183

deceased, his house and hind confirmed

to Isaac Bosvvell, 365

Mr., [Christopher], 322

to end small causes at Salisbury, . . 108

Batter, Edmund, 374, 377

deputy, 373

Bayley, Joseph, 148

Edney, of Rowley, order explanatory of
former order concerning settlement of
estate of her husband, Richard, . . 148

Captain, -'■''

Beale, John, deputy, 147

has leave of absence, 155

Beard, Thomas, 119

See Lawson, Christopher.

446

GENERAL INDEX.

Beck. Becke, Alexander, pay granted to,, for

care of sick prisoners, 68

order for auditing and payment of his ac-
count, 82

Beckett, John, and others, petitioners against
Captain Thurston, referred to County

Court, 322

Becks, Bec.\, John, & Company, of the iron

■works, execution against 351

See Webbis, Henry.

John Giflord is discharged from prison on

request of, 406

Beef, pork, and fish, gauger of each town or-
dered to inspect packing of, . . . . 223
to be packed in casks of full size, . . . 284
Beer, inns and ordinaries, &c., to be provided

with, 173

regulations concerning brewing and sale

of, 241

not to be retailed at above two pence per

quart, 317

Bell, Thomas, exempted from watching. &c., 164,

304

Bellingham, Richard, 26, 39, 44, 75, 76, 84, 261,

332, 339, 351, 432

to hold Courts in Norfolk, . . 164,206,273

on committee to settle dilTereuces at

Hampton, 7

executor of the will of Thomas Nelson,

deceased, 164

on committee to prepare laws to be printed, 173
to report maritime laws for publication, . 193
to hold Courts at Strawberry Bank, . . . 277

at York and Kittery, 308

in Yorkshire, &c., 380

chosen Assistant, 2, 9, 61, 104, 121, 146, 182,

220, 258

reserve commissioner, . . 121, 147, 182, 220

chosen Deputy Governor, . . 296, 372, 422

Governor, 339

Mr. [Richard], . . 22, 46, 129, 201, 331, 370
book of laws brought in by, to be ex-
amined, 6

his gun loaned to the commonwealth, to

be returned to him, 51

on committee to examine public writings
left by Governor Winthrop, .... 164

his farm, 254

Mr. , ten shillings granted to servants

of, 239

Bendall, Edward, 253, 254, 307, 310

petition of, concerning squaw, referred to
commissioners of United Colonies;
concerning patent for diving in a tub
refused ; concerning theft of wharf-
age, laws deemed sulficient, .... 157

Bendall, Edward, appointed register of horses,

(for exportation,) 169

collector of customs on goods, for Plym-
outh, Connecticut, and New Haven. . 172
See United Colonies.

Mr., [Edward], 226

Bennet, Bennett, Samuel, 431

George, 420

Bent, Peter, ten pounds allowed to, for damage
done to liis horse in the country's ser-
vice, ... 327

Bermuda, Bermudas, 179, 224, 240

trade with, in 1651, 224

See Barbadoes.

church at, 86

Bessbech, Thomas, 409

Belts, John, fine of fifteen pounds due from, to

be paid to surveyor, to buy powder, . 300
accused of murder of Robert Knight, his

servant, 309

Bidfield, Samuel, 133,289

Billerica, 423, 431

eight thousand acres of land granted to,

under proviso of settlement, .... 405
grant of eight thousand acres laid out on

Merrimack River, 431

incorporated, formerly called Shawshin, . 387
Shawshin, (Billerica,) and Cambridge,
agreement between, concerning taxes,

&c.. 390, 392

Bills to be read three times, 436

See Court, General.
Birch, Colonel John, and Mr. Maverick, case
between, concerning Noddle's Island,
decided for Colonel Birch, on pay-
ment of seven hundred pounds, . . 309
public notice from, as to his title to Nod-
dle's Island, warning against buying

claims of Maverick, 310

Bishopp, John, Sen., 367

Bland, John, 118

See Shrimpton, Henry.
Blanton, William, fined for selling beer at four-
pence a quart ; petition for relief de-
nied, 271

two pounds allowed to, for board of two

Frenchmen, 322

ordered to pay Indians' costs, they being

acquitted of breaking his chest, . . 322

Blasphemy, law against, 98

and rape, committee appointed to advise
with elders and draw up laws concern-
ing, 372

Blesdall, Blesdale, Ralph, licensed, .... 63

licensed to draw wine at Salisbury, . . . 109

Blind Hole, near Governor Endicott"s farm. . 256

GENERAL INDEX.

447

Bloody Point, 410

Bloud, John, of Concord, title to land of, bought

of Mr. Samuel Haugh, confirmed, . . 384

Sergeant, 200

Boad, Henry, 333, 334

to end small causes at Wells 333

Boiling Rock, 410

Boles, Bolls, Joseph, 332

clerk of the writs, 334

Sergeant, confirmed to be ensign at Rox-

burj-, 327

Bonds given for appearance in Court not dis-
charged until after judgment and exe-
cution, 211

Boniton, John, commissioners of York, Dover,

&c., directed to secure the arrest of . 429
Book of records, bills framed and transcribed
into, by Lieutenant Torrey, clerk of

the House of Deputies, 158

entitled " Church Discipline," &c., pre-
sented to the Court, 177

" The Meritorious Price of our Redemp-
tion, Justification; &c.,'" condemned, 215,
216
of records of House of Deputies, to be per-
fected by William Torrey, clerk, 218, 360
written by Mr. Norton in answer to Mr.

Pinchon, 230, 239

Mr. Norton's answer to be sent to England

to be printed, 248

entitled '■ Lex Mercaloria,-' laws to be ex-
tracted from, 252

of records of sales of land, &c., in Sudbury,
to "be delivered to the recorder of Mid-
dlesex, 275

concerning the doctrine of the gospel rec-
ommended to be procured by the
churches in Massachusetts, .... 204
Books for recording letters in, to be kept by the

secretary and clerk. 246

belonging to Mr. Marmaduke Matthews

not to be taken on execution, . . . 257
of the Old and New Testament, law against

denying the inspiration of, ... . 259
of John Reeves and Lodowick Muggleton

to be burned. 356

Booth, Robert, 336, 361, 386

to end small causes, &c., .... 336, 337
to exercise his gifts for the edification of

the people of Saco, 337

Boston, 1. 9, 14, 15, 28, 29, 47, 50, 57, 62, 79, 80, 85,
121, 124, 137, 138, 147, 149, 162, 174, 175,
183, 186, 190, 197, 202, 203, 208, 215, 220,
259, 267, 277, 278, 284, 289, 297, 314, 340,
348, 354^ 362, 368, 373, 384, 389, 390, 422,
423, 428, 429.

I Boston, tax, 28

allowed to cut one hundred and fifty tons
of timber from Nantasket for the
Castle, 5

Edward Hutchinson, ensign at, .... 27

and harbor, Major Gibbons authorized to

preserve order, kc. in, 38

to have powder, to return salutes to vessels, 75

and towns adjacent to pay taxes in twenty

days for the agent of llie colony, 118, 119
See Agent

Edward Gibbons, deputy,' resigns, (going
to Virginia;) new election ordered, . 119

shoemakers incorporated ; also coopers, . 132

and Charlestown wine sellers licensed ex-
clusively for one hundred and sixty
pounds per annum. 135

allowed to hold two fairs yearly, .... 138

not required to replace the barrel of pow-
iler burned at the funeral of Governor
Winthrop, 162

County Courts at. change in time of hold-
ing, 186

petition of, to become a corporation, grant-
ed, if a proper charter is drawn up, . 207

petition of inhabitants of, for release of

Mrs. Tilley denied, 208, 209

authorized to choose a new clerk of the

writs, (to be confirmed,) 226

special Court for trial of offenders, and for

civil actions under ten pounds, . . . 244
See also Court, special, for Boston.

Jonathan Negus appointed clerk of the

writs in the room of Mr. Aspinwall, . 258

committee of militia 268, 321

Commissioners' Court, actions under forty
shillings to be taxed three shillings :
above forty shillings, ten shillings, . 283

cavalry, John Leverett captain, William
Davis lieutenant, Peter Oliver cor-
net, John Smith quartermaster, . . . 286

officers to rank as follows : 1st, Major Gib-
bons ; 2d, Captain Savage ; Sd, Cap-
tain Clarke, 285

directed to choose a new captain at south
end, instead of Captain Leverett, now
cavalry officer, 291

south end infantry choose John Leverett
captain : General Court does not ap-
prove, as he is already captain of cav-
alry, 291

company petition anew for confirmation
of John Leverett as captain ; referred

to former answer, 296

company of, petition for Leverett to be
captain, denied again, 299

448

GENEKAL INDp:X.

Boston, Commissioners' Court, members, Lever-
ett, William Tyng, Savage, Duncan,
Edward Tyng, Clarke, and Stoddard, . 293
authorized to elect commissioners yearly, 293

advice of General Court to new church in,

against settlement of Mv. Powell, 293, 294

petition of, concerning measurement of

wood, lumber, &c 300

surveyor of lumber. &c.. left to the choice of

selectmen 300

powder house left to Boston deputies, . 300

new church petition for leave to settle Mr.

Powell as minister denied, .... 331

a barrel of powder granted to, yearly, to

salute ships, 346

new church in, petition concerning Mr.

Powell, same answer as before, . . 359

Governor to reside near, .... 373, 374

military companies to have priority in or-
der of their commissions, 397

commissioners of, to secure certain real

estate to the children of John Samuel, 420

and Charlestown, wages of porters in, to be

regulated by the selectmen, .... 376

and Ipswich churches, a council of elders
and messengers of other churches
called in relation to the removal of
Rev. Mr. Norton to Boston, . . . .378
Boswell, Isaac, 364, 365

of Hampton, allowed to keep a stray heifer,

giving caution, 109

of Salisbury, appellant, against Cheney, as
to house bought of Mr. Batt, decided

for appellant, : . 322

Bottolph, Leonard, appeal fiom judgment and
fine of commissioners of Boston disal-
lowed ; judgment confirmed, and five
pounds imposed for misreporting ac-
tion of commissioners, 278

See Buttolph.
Boulter, Nathaniel, 384

forfeiture for non-appearance remitted, . . 159

r.<. Robert Lord, judgment for plaintiH", . . 367
Boundary line, north, of colony construed from

charter, 274

committee appointed to survey, .... 278

by observations of John Sherman and Jona-
than Ince, fi.xed at latitude forty-three
degrees forty minutes twelve seconds
north, (e.\cluding the three miles north
of Merrimac River;) report by com-
missioners approved, 288

Samuel Andrew and Jonas Clark, of Cam-
bridge, appointed to find and mark
on sea c-oast, (viz., forty-three degrees
forty-three minutes twelve seconds.) . 329

Boundary line ; former order about Ince and

Sherman repealed, 329

return of special commissioners, .... 361

Bourne, Bourn, Garrett, 384

John, licensed to keep cook's shop in Sa-
lem, and to sell beer, 66

of Salem, line of five pounds for selling
strong water abated to forty shillings,

&c., 154

Major Nehemiah 50, 51

guns borrowed by, to be returned to sur-
veyor, 81

Bowen, Grilfith, 27

Bowers. Francis 361

George, of Cambridge, fined ten pounds for
voting for Governor, not being a free-
man, 279

fine of ten pounds abated to five pounds, 294
Bowling forbidden at or about inns, .... 201
Boyce, Boyes, Boyse, Matthew, . 4, 10, 186, 395

to end small causes at Rowley 127

steward, 183, 210

deputy, . 1, 10. 39, 44, 183

Boyden, Thomas, sale of house to, confirmed, . 216

Brackett, Peter, 67,80,81,83

deputy, 10, 39, 44, 62, 297

Captain Richard, on committee for laying

out marsh at Conahassett, 380

dissents from report of committee on
Hingham and Schuate bounds, . . .438

deputy, 373

Bradbury, Thomas, 231, 24S, 272, 322, 330, 363, 420,
424, 436

to lay out Hampton bounds, 272

deputy, 220, 259, 422

Mr. [Thomas], 345

commissioner to hold Court in Salisbury, 423
See also Courts, special, 1657.

Bradford, William, 198

Governor of Plymouth 216

Mr. [William],' 311

Bradstreet, Broadstreete, Simon, . 39. 44, 80. 378

chosen Assistant, 2, 9, 61, 104, 121, 146, 1S2,

220, 258, 296. 339, 372

chosen commissioner for United Colonies, 121,

146. 182, 220, 258. 296, 339, 372

in reserve, 62

grant of eight hundred acres of land located

nearMedfield, 193

and Thomas Wiggin granted one thousand
acres of land near Dover, and timber
at pleasure from common lands, . . 247
committee appointed to locate one thou-
sand acres of land for, 306

committee appointed to locate land for-
merly granted to, 329

GENERAL INDEX.

449

Bradstreet, Simon, report of committee locatiiii;

land lor, 3U4

committee appointed to lay out eii,'lit hun-
dred acres of land granted to. beyond

Dedhiim, 413

Mr. [Simon], 11, I'J, 13. 1 7, 26, 30, 53, 154,237,
330. 34.1, 41.5, 42S>, 430
granted live hundred acres of land for

.service in Maine. 339

chosen Assistant 422

commissioner for United Colonies, . . 422
grant of two hundred acres of land, (made
in 1653.) located east of Connecticut

River, 430

Braintree, 1, 10, 62, 121. 147, 158, 183, 220, 231,
232, 259, 297, 340. 373, 378, 422
Tliomas Mekins, deputy, dismissed at re-
quest of the town of. 7

ta.x, 28

abated out of ne.\t levy ten shillings for !

deputy's lodgings. 29 i

petition of inhabitants of. to settle where

Gorton lived ; granted, with provisoes, 49 '
petition of Saunders, Brackett, Addams,

and others concerning Thomas Gil- |

bert's course in feeding meadows in i

their vicinity, 67

Henry Adams, clerk of the writs insteatl of ^

Peter Brackett ; also one of the com-
missioners of small canses, .... 81 I
and Dorchester Ferry, order concerning, . 128
line for neglect in making returns abated

to forty shillings, 144

Captain William Tyng, Samnel Basse, and

Stephen Kingsley local magistrate.s, . 161
fine on constables for not making election

returns abated to live sliillinys, . . .433

Brayboat Harbor 402

Bread, proportion of price of. to that of wheat.

regulated 103

order for weighing of. 266

See Baker.!

Breadcake, Bridcake. :\lr 229

Breeke, Breekes, Edward. 302

petition for remission of fine denied, 381, 394 ■
Brenton. Martha, allowed two Irish children for

servants, if of English parents, . . 293
Brewers, regulation of their trade, &c., . . . 241 |
Brewing without approbation, law against, . . 323

Bridge, John, 66, 290, 392 \

and others, petition for sale, 217 >

William, petition for lanil not granted on

bis terms; advised to look after new 1

plantation, 8

B.ridges and highwavs to be maintained by the !

towns in whose limits they are, . • U-l !
VOL. 111. oT

Bridges in country roads to be assessed upon

the county, 376

law imposing cost on towns repealed, . . 376
Bridges, Captain Robert, . . . 29, 76, 171, 180
appointed to negotiate with Monsieur
D'Aulnay, governor of Acadia ; in-
structions to be observed by, ... 44
letter or passport from Governor Dudley, . 45

credentials of, in Latin, 46

secretary, pro tern., afterwards .speaker for

the session, 78

chosen speaker, 79

granted ten pounds for his services, . . 82

chosen Assistant, 105, 121, 146, 182, 220, 258,

296, 339, 372

Captain [Robert], 3,11,47,351

deputy, 1, 9, 39, 44, 62

Brigg, Captain. '. . 309

Brigham, Thomas, order concerning settle-
ment of estate, 403

Sebastian, deputy, 183

Mr. [Sebastian], deputy. .... 62, 103

Captain, 186

Brooks, Brooke, Brookes, Thomas, .... 6, 369
to end small causes at Concord, .... 277

deputy, 1, 44, 340

Broughton. Thomas, 267

Browne, Broune, Adeia, 420

Edmund, 409

twenty acres of land granted to. near

Sudbury 360

Rev. Mr. [Edmund], of Sudbury, his title

to lands conlirmed; 407

Francis, and Adeia, his wife, petition of,
by Elijah Corlett, for confirmation of

title, granted. . . 420

Hu-b, . ' . . 31

Richard. 31. 70. 14.5, 153, 237

authorized to marry in Watertown, . . 80

location of land 131

See Captain Keayne.
bis land, two hundred acres, located near

Dedham village, 181, 182

grant of land located near Medfield, 188, 189

deputy, 62. 105, 121. 147, 183, 220. 259, 340,

373

Thomas '228

See Roper, Henry.

William 115, 159, 409

to end small canses at Suiibury. . . .130

of Salem. 388

See JSIarjoram, Richard,
two hundreil acres of land granted lo.
west of Sudbury, for twenly-live
pounds of stock of Ann Harvey's, . 155
deputy 310

450

GENERAL INDEX.

Brown. Mr 240, 2.50. 351, 385

Bruen, Bniin. Bre-won. Brewin. Obadiah, . . 31
Mr., chosen deputy from Gloucester, . . 3

deputy, 10.'), 121. 147

See Gloucester.

Buck, . deceased, child of, to be returned to

Hingham, and there to be maintained.

on petition of Ann Bates, 434

Bulkley, Buckley, Buckly, Peter, 271

Mr. [Peter] 419

Bullgar, Richard, lieutenant, 8

Bunker, George, administrator of Augustine

Walker, 413, 414

Burchara, Edward, 12, 31, 68, 75

Burden, George, 252

Burk, Edward, administrator of Augustine

Walker. \ . . 413

Burning lands, 31

See Lands.
Burt, Edward, patent granted to. for making
salt for ten years ; denied his petition
for islands near Salem ; secretary is
desired to write to Gloucester, to se-
cure a favorable location for, . . . 275
two hundred acres of land granted to, on
account of escape of his debtor. Cap-
tain John Hudson, from jail, . . . . 421

Burton, Thomas, 90, 120

fined thirty pounds, 94

second fine of, 113,114

Bury, Ambrose, 338

Bush, John, 333

Butler, John, 120

Buttells, Leonard, 403

Buttolph, Thomas, 45

See Bottolph.
Cambridge, 1, 9. 16, 29, 50, 57, 62, 119. 121, 137,
138, 147, 183, 192, 195, 207, 220, 246, 256,
259, 297, 329, 346, 373, 378, 422.

tax, 28

John Russell, clerk of the writs, .... 31
Joseph Cooke, to command during ab-
sence of Captain Cooke ; John Sted-

man ensign, 47

synod called at, 70 — 73

William French lieutenant, 109

petition for laying out the grant of three
thousand acres of land at Shawshin,
made to the late Governor Winthrop
and wife, committee appointed on, . 290
proposal of inhabitants to settle a new vil-
lage. 379

and (Billerica), Shaw.shin, settlement of,

taxes. &e., 390, 392

new committee appointed to end dispute

concerning lands, 396

Cambridge, and inhabitants south of the river,
j committee appointed to ascertain the

facts in dispute, 418

commissioners formerly appointed con-
cerning, to continue in office, . . . 434

church, 379

platform of church discipline, recom-
mended for consideration, . . . .177
churches desired anew to send their
opinions concerning to General

Court, 204

objections to 235

See Church discipline.

village, 379

Cauonicus, reply to, S

See Narragansetts.

Capawonke, 360

Cape Ann, salt works to be set up at, . . . . 275
Capen, Joane, fine for not proving her hus-
band's will remitted, 292

Cape Porpus, 361, 386

government established at, made a town-
ship, attached to York, titles con-
firmed ; Gregory Jeoffreys, grand jury-
man ; William Reynolds licensed to
keep ferry at Kennebunk ; Griflin
Montague constable, .... 332-339

Carley, William, 302

See Kerley.
Carlton, Carleton, Charlton, Edward. . . 4, 64, 114

deputy, 105

Mr. [Edward]. ... 10, 66, 78, 80, 94. 233
to end small causes at Rowley, . . . 127

deputy. 1, 10, 39, 44, 62

Carpenter, Gilbert, petition for review of ac-
tion, 52

AV'iUiam, 196. 228

the ship, 7

Carr, George, 381

allowed to keep a ferry boat, 112

petition for exclusive ferry right between
Newbury and Salisbury; Court gives
it only in common with Mr. Coffin, . 155
second petition of, referred to Salisbury

Court, 157

Carrington, Edward, 250

Cart Creek, 305

Carter, Joseph, 329

Mary 329

Samuel, 329

sale of land to, confirmed, 414

Thoma.s, deceased, order concerning dis-
posing of legacies of, to his graml

children. " . . 329

j Richard, petition lor reparation fur injury

CENKHAI, INDEX.

451

Ciirwithcn, Diiiory, deceased, master of ship
New England Merchant ; Lieutenant
William Davis and Henry Shrimpton

appointed executors, 322

Gary, Francis, 30(!

James, clerk of the writs, Charlestown, . ISO

Casco Bay, 362

Casks not made according to law forfeited, . . 223

for beef and pork, &c., to be of full size, . 284
■ searcher and packer to set their marks on, 284
Castle Island Fort, order for payment of one
hundred pounds per annum, when the
work is finished, 5

committee of House of Deputies appointed

concerning 14

granted tonnage duties, 36

towns, having undertaken to repair, to bo

finad for neglect after a certain day, . 50

provisions for finishing and arming ; one
hundred and fifty pounds for finishing,
afterwards two hundred and eighty
pounds per annum, 57

committee appointed to audit account of

captain, 78

captain of, payment to be made to, by the

Treasurer, 80

committee appointed concerning action of
the five towns upon ; to impress men
for garrison, and to receive of Treasurer
enough for the immediate wants of
Captain Davenport, 110

Sedgwick. Tyng, Atherton, and others, au-
thorized to gather fines due, and to
impress men for, 123

reduction of garrison to save expense ; or-
der for reijnforcement on certain sig-
nals, &c., 137

wine duty, at one hundred and twenty
pounds per annum, given as part of
the sura due for maintaining the, . .142

garrison granted half the wood on Lovell's

Island, 145

captain ordered to hoist the English colors

upon all necessary occasions, . . . 224
of, paid for arms, &c., furnished by him, 231

committee appointed to consider concern-
ing repair of, &c., 277

to be erected, costmg three hundred

pounds committee appointed. . . .310

captain of, si.x pounds paid to, for powder

burned at ilr. "Dudley's funeral, . . 320

committee appointed to visit ; report of
committee upon state of repair, arms,
&c. ; one hundred and ninety-three
pounds four shillings due to captain,
ordered to be paid, 362

I Castle Ishuid Pint, commitleo appointed to

j contract with a captain for himself

and garrison at one hundred and fifty

pounds per annum, 367

constables to collect the commutation

money for training, for repair of, . . 368
Atherton and Davenport, committee to

finish and equip, 401

Catholic priests and Jesuits, law against, by
reason of the wars raised in Europe
by secret practices of the Jesuits, . .112
Catta Island (near Marblehead) granted to

Governor Endicott, 389

Cattle impounded, order concerning replevy of,

and payment of damages 425

of each town to be marked with pitch. . . 107
order concerninir trespass by, &c., . . . 107
Caulking, Caulkin. Calkin, Hugh, ... 31, 221
excused from attendance'in House of Dep-

utie-s, 217

deputy from Gloucester, dismissed from
Court, having removed out of the col-
ony, 235

deputy. 183, 221

Cavalry : order encouraging the enlistment of, . 127
member.s, instead of applying for their five
shillings bounty, to retain it out of

their taxes, iCi

soldiers authorized to retain their five .shil-
lings bounty out of their taxes, . . . 168
companies authorized to choose their own
officers, subject to approval by the

General Court, 241

company of. not to exceed seventy in num-
ber. 397, 398

corps in Norfolk County encouraged, . .419
Census of males between sixteen and sixty, . 74

for levy of poll tax, 116 — 118

of males between si.xteen and sixty ordered, 384
Chadburne. Humphrey, deputy from Kitlery, . 422

excused from attendance, 434

Chadwick, Charles, deputy, 422

Chafe, Matthew, see Chase, iNIatthew.

Challice, Philip, 367

Chamberline, William, 392

Champenioone, Captain, 124

his house, 410

Champney, Champnyes, Jane, widow, author-
ized to sell property of her late hus-
band, 217

Joane, 217

John, deceased, sale of estate of, author-
ized, 217

Richard, and others, petitioners for sale. 217, 392

Chandler, John, 45

William • n7

452

GENERAL INDEX.

Chandler, widow, married to John D;uip. . . .177

Chapin, Samuel, -Jii-:. 308, 351

commissioner at Springfield, 351

to divide land at Springfield. . 3()S. 351. 3(i0
See Sprinjrfield. |

Chapman, the ship. 1 90 1

Charles River, . .' IRS, 3-23 j

farms on, laid out to Captain Robert Keayne

and others, '.188

Charlestown, 1, 9, 16, 29, 50, 57, 62, 69, 85, 118, 121,
137, 142; 147, 149, 162, 182, 200, 203, 220,
258, 267, 284, 297, 300, 340, 348, 354, 373,
378, 390, 422, 423.

tax, 28

Major Robert Sedgwick to preserve order

in, &(■., 38

William Mellow.*, clerk of the writs, . . 64
to have powder to return salutes to vessels, 75
Francis Norton lieutenant. Sergeant

Sprag'ue ensign, 84

and Bo.ston wine sellers licensed e.xclii-
sively for one hundred and sixty

pounds per annum, 135

Lovell's Island granted to, reserving half

the M-ood to the Castle garrison, . .145
petition and order thereon concerning com-
mon lands, 154, 155

Mystic side, now called Maiden. . . . .162
.lames Car}-, clerk of the writs instead of Mr.

:\Iellu\v.s, deceased, 186

inhabitants remitted part of taxes due on

account of loss by fire, 232

two terms of Middlesex Court to be held at, 281
granted half a barrel of powder yearly to

salute ships, 346

Francis Norton, captain, 394

Russell, Mousall, and Lynde, commission-
ers to end small causes, 395

Court ordere<t to be adjourned, .... 401

and Boston coopers incorporated, . . .133

wages of porters in, to be regulated by

the selectmen, 376

ferry, 143

petition of farmers of, 432

Charter of Massachusetts has the precedency
of cliarters produced by Mr. George

Cleaves, 292, 293

See Patent.
Charters for government or jurisdiction in
lands adjoining to the Narragansett
Bay received from the Parliament of

England, 48, 49

Cha.se, [or Chafe,] Matthew, 161

Chasmore, resolutions concerning rescue of,
from the custody of the marshal at
Providence, Rhode Island 432

Chattocke, Charle.s, 229

See Chadwicke.
Chauncy, Charles, President of Harvard Col-
lege, thirty pounds advanced to by the

General Court, 388

five hundred acres of laud granted to, . 428

Mr. [Charles], 419

Cheater, Alice, 349

,Iohn, 349

Cheestly, Philip, allowed costs as witness

against Richard Nason, 394

Chelmsford boundaries extended, 406

fine for neglect of law concerning nomi-
nation of magistrates abated to twenty

shillings, '. 431

Cheney, Cheyney, Daniel, 367

John, of Newbury, guardian, &c., and
Isaac Boswell, of Salisbury, composi-
tion of suit between, .... 364, 365
William, sale of land to, confirmed, . . . 255

l\Ir., suit with Isaac Boswell, 322

See Boswell.

Chickering, Francis 6

deputv, 1, 297

Henry, deputy for Dedham. has leave of

absence. 247

deputy, 105, 220

Child, Child'e, Ephraim, 31, 153, 384, 403, 418, 434

steward, 210, 259

deputy, . . . 62, 147, 183. 259, 340. 373, 422

Mr. [Ephraim], 351

Dr. Robert, and others, signers of the re-
monstrance, statement of their charges

against the government, 90

fined fifty pounds for conduct in reference
to the remonstrance, . . . 94.113,114

Dr.. 219, 256

Children, military discipline of, 12

See Military Affairs.

baptism of, 71

and servants, may be tried for disobe-
dience, disrespect, &c., 355

above si.xteen, striking their parents, to be
put to death, unless their misconduct
happen from negligent bringing up, . 101
rebellious, to be put to death, .... 101

Chocheco River, 434

See Cochecho.

Chochichowicke Pond. 39

Chochichowicke River, 367

Church members, excommunicate, House of

Deputies dissents from bill to punish, 16
government and discipline, elders and
messengers of churches requested to
meet at Cambridge, and agree upon
one form of &c 70—72

GENEKAL l.VDEX.

45c

Church worship, penally for uPslcctiiiL', ... 99
di.tcipline, Canibridfre platform of, recom-
mended to consideration 177

objections .sent by several churches, or-
ilered to be gathered by secretary,
•Tnd sent to Rev. Mr. Cotton, to be an-
swered by the elders before next

General Court, 235

thanks of tlie General Court to the elders
who ans\vere<l objections to ; approval
of the book •• for the substance there-
of' fourteen of the llou.se of Deputies

dis.seiiting, 240

Churche.s, charges of oppression against, by

Dr. Child and others, 90, 91

law again.st destroying or disturbing the

order of, 99

are desired to send their thoughts and
judgment concerning the Book of
Discipline (Cambridge platform) to
next General Court; also concerning
the book of gospel doctrine latelv
published by a synod at London, . . 204

Clapboard Island, 362

Clapp, Roger, 306, 351

deputy, 259. 297. 340. 373, 422

Lieutenant [Roger], deputy 105

Clarke, Christopher, line for tiring guns in the

night remitted, 141

Edward, 337

Jeremiah, vs. Captain John Partridge,

judgment for plaintiff, 182

John, granted ten shillings from each per-
son using his invention to save fuel, . 283
patent for saving of firewood in warm-
ing houses, dated 1652, continued for

term of his life, 401

Jonas, on committee to run the northern-
most line of the patent, . . . 329, 361
Thomas, 232. 235, 240, 261, 277. 285, 319, 374,
385, 400
forfeiture of moose skins remitted, on

payment of duty, 190,191

guardian of Adam Winthrop, .... 292

commissioner for Boston, 293

granted three hundred acres of land east

of Connecticut River, 429

deputy. . . . 220, 259, 297, 340, 373, 422

Mr. [Thomas], 221, 250, 267

Captain [Thomas], .... 351, 367, 372
Cleeves, George, and others, claim part of j

Massachusetts territory, as of the prov-
ince of '■ Lygonia," . ' . . . . 392, 393
Clements, Clement, Clemente, Cleomens, Cle- j

oments, John, to end small cau.ses at |

Haverhill, 186 .

Clements. John, deputy. 340

Robert, . . . .' 114, 153

to keep Courts in Xorfolk, . 127. 164. 200

IMr-: . 159

deputy, . . 105, 122. 147, 183, 221, 259, 297
William, of Cambridge, petition for di-
vorce referred to County Court at

Charlestown, 40,-,

Clerk of the County Court at Cambridge to dr-
, liver a bond to Captain John Wall, . 255

or recorder of County Court not to be

I county Treasurer, : 399

i of the House of Deputies chosen, Edward

I Rawson, 28, 147

William Torrey, 183, 221, 259, 297, 340, 373,
I 422

twenty marks granted to, for the year 1645, 61
provided with two vellum bound book.s, . 141
directions concernina journals and records, 141
allowed ten pounds per annum, .... 142

fees of. 143

Clerks of Courts to send a note of charges,

&c., to the auditor, 56

copies of laws to be sent to. by the secre-
tary of the Commonwealth 204

of the market, 103

of military companies, an order about

choice of, &c., 32 — 36

of the writs hereafter to be appointed by

County Courts. 105

to keep registry of horse.s, 169

Clifibrd, see Clyfford.

Clothing, being scarce, spinning, weaving, &c.,
enjoined upon every family ; work to
be under the control of the selectmen. 396,
397

Clyfford, George, 45

Cobbett, Thomas 368

Rev. Mr. [Thomas], thanks voted to. for

liis election sermon. 148

Mr. [Thomas], 419

administrator of William Skipper, . . 218

Cochechawicke, 379

Cochichowick, 106

Cochittawate Ponds, 247

Coddington, William, 350

Coffin, Coffyn, Peter, 367, 434

TrLstram, allowed to keep an inn and sell

wines at Newbury 112

also to keep ferry, with proviso concern-
ing George Carr, 112

Mr. [Tristram], has liberty to convey pa.s-

sengers from Salisbury side, . 155, 157

Cogan, Coggan, John 252

petitioner for \:i\ inir out of land granted to
Mr. Covtmore 412

454

GENERAL INDEX.

Coggan, John, overseer of will of John Moody. 306

Mr. [John], 191

Mr., letter to Virginia in behalf of, . . . 30
Coin at mint in Boston to be stamped '• XII. d.
VI. d., III. d." and on the reverse,
'• NE," together with a private mark, 261
former orders concerning value of money

repealed, 262

of Massachusetts, not to be exported ; offi-
cers appointed to search, &c., . . . 353
to prevent clipping, new device to be
used, " Massachusetts " around the
edge, and a tree in the centre on one
side, and "New England" and the

date on the other, 389

Colborne, Mr., 108

Colcord, Calcord, Alice, allowed to review any

case, &c., 389

Edward, 66, 178, 253, 409

recorder of Hampton Court, to e.xamine
evidence against, and bind over de-
fendant to Court of Assistants, . . .347
Colcord"s case, witnesses in, to be paid at Salis-
bury, 395

witnesses referred to Hampton Court for

payment, 414, 415

Cole, Elizabeth, 231

petitioner in relation to a deed or release, 108
petition concerning a cancelled deed ;

answer of Court, 138

answer of Court to her petition, . . . .155
petition for rehearing of her case denied, 190
twenty pounds granted to, (e.xhausted by

sicknes.s and poverty.) 217

Mrs., ' 256, 276

John, 338

Nicholas, 333

Samuel, 252, 433

four hundred acres of land granted to,
at Nonotuck. for fifty pounds of stock, 304

Robert, 199, 228

William, 333

Coleman, Tliomas, 330

Collicott, Richard, deputy, 373

Mr., ...'..." 376

Collier, William, 198

Collins, Collenc, Collens, Christopher, forfeit-
ure of ten pounds at Salem Court,

abated to four pounds. 235

Edward, 192,374,412.424

deputy, 340, 373, 422

Henry, 67

Colony, commi.ssioners of the, appointed to ne-
gotiate with Earl of Warwick and

Parliament, 48

seal, fees for affixing, five .shillings, . .241

Columby, , 29

Commerce, ships from abroad to have free ac-
cess to harbor by paying customary

charges, 12

Commissioners, &c., no authority or power in,
doth or ought to hold against God or

his commands, 324

of sewers, 13

to end small causes in towns, fees to be

paid to for entry of actions, .... 283
law empowering repealed, (except Bos-
ton and Yorkshire,) 423

See Magistrates, local,
district, appointed to hold special Courts,
Hawthorne, Russell, Johnson, Tor-

rey, Bradbury, Lusher, 423

See Courts, special, 1657.
Committees of House of Deputies, .... 4

See House of Deputies.
Commonwealth of England, trade prohibited
by, with Barbadoes, Virginia, Bermu-
das, and Antigua, 224, 240

of Massachusetts, affairs of, how to be trans-
acted in the vacancy of the General

Court, 42, 43

Edward Rawson appointed attorney to
implead Richard Woodey in behalf

of, 433

Compounding larceny, 202, 203

See Larceny.

Comptrollers, appointment of, 4

See Monitors.
Concord, 1, 10, 44. 62, 121, 147, 183, 220, 259, 297,
340, 373, 396, 422

tax, 28

River meadows, commissioners for drain-
ing, may act, three being present, . . 13
Lieutenant Willard chosen captain, and

Timothy Wheeler ensign, ... 62, 63
and Watertown boundaries settled, . . . 235
Captain Willard, Richard Griffin, Thomas

Brookes, local magistrates, .... 277
and Woburn, petition of inhabitants for

new settlement on Merrimack River, 301

petition of, for more land, 364

inhabitants of, granted five thousand acres

for a new plantation, 387

River, 387

Coriehasset River, 236

Conference of the House of Deputies with the

Magistrates, 16

Confi.scation authorized of estates of abscond-
ing malefactors, 104

Conklyn, Ananias, 48

John, petition concerning neglect of under-
takers of glass works, 48

GENKIIAL r.XDKX.

455

Connecticut, .... 12, ITS), 1(19, 314, 3J7, 37u

River, resolve of Deputies, that none of '
Massachusetts ought to pay duties for
entering at the mouth of, 32

churches are requested to send elders and

me.ssengers to the synod at Cambridge, 72

settlement in Pequot territory, 76

River, 405

resohitions against paying duties to main-
tain fort at the mouth of. 89

line, answer of Massachusetts to commis-
sioners of United Colonies concerning
running anew, 131

duties levied on trade with, in retaliation
- for dues charged at Sayhrook, . 151, 152

resolutions of Massachusetts in.structing
her commissioners to oppose the ex-
action of duties at Sayhrook, . . 151, 152

and Massachusetts line may be run anew,

if Connecticut will bear the expense, 164

duties on trade with, suspended, as Say-
brook duties are suspended 191

and New Haven, communication from, con-
cerning power of commissioners to
make war, and reply of General Court
thereto, 323—327, 328

letter from, desiring a synod of divines, .419

Falls, 66

Constable, person refusing to act as, liable to

but one fine per year, 307

Constables, committee appointed concerning

their power to arrest drunkards, . . . 157

to receive fines," 170

elected and refusing to serve, may be fined

five pounds; in Boston, ten pounds, . 298

fees regulated, 318,319

losses of, in receiving corn, to be repaid, . 351

duty of, as to returns of deputies, . . . 356
Contempt of public worship, by being absent,

fined, 99

Contested elections, . . . 3,5,115,403,404,431
Contracts to be fulfilled, or damages to be paid, 354

Conveyances, record of, 427

See Records.

of real estate invalid, unless in writing
under seal, and possession given or
acknowledged, and recorded, . . . 280
made bona fide, prior to October 19, 1652,
to be valid against all claims, unless
such claims are entered in suit within
five years from May 20, 1657, . 422, 423

hereafter to be according to law of 1652,

at peril of all concerned, . . . 422, 423

order for the form of the operative clause
for estates of inheritance, in tail for
life, for term of years, &c., . . 222, 223

Conveyances, fraudulent, amendment of printed
law; lecording made sufficient securi-
ty to grantee, 203

Cooke, Cook, George, chosen speaker of House

of Deputies, 44

commissioner to England, 164.5, .... 48

Captain [George], 3, 4, 7, 10. 12. 18, 26, 37, 39,

46, 47

deputy, 1, 9, 39, 44

Joseph, 47

Rachel, 194

Robert, of Cliarlestowii. donor of land to

Harvard College, 296

Samuel, of Dublin, Ireland, sale of lands
of, by William Parks, of Roxbur}', to
Lusher and Fisher, confirmed, . . . 290

Cooper, John, 207

Timothy, 388, 389

Coopers of Boston and Charlestown incorpo-
rated, 133

Copper works to be set up by Governor Endi-

cott, 256

Corlett, Elijah, in behalf of Francis Browne and
wife, petitioner for confirmation of sale

of a house to them, 420

Corn not to be exported (from apprehended

scarcity.) 123

committee appointed to be joined, to con-
sider how to accumulate a supply of, 153
measurers of, to be appointed for seaports, 375
prices of, 118, 136, 172, 212, 245, 284, 359, 394
Cornelison, Mennen, petition concerning claim

against Captain Howsen, 295

judgment for seventy-eight pounds against
Robert Knight and other.s, administrar
tors of Captain Howsen. .... 305

Cotterills Delight, 411

Cotton, Mr. [John], 26, 206, 218, 229

objections to Cambridge platform of chuirh

discipline to be delivered to. ... 236
Coudall. John, and wife, sale of house and

land by, confirmed, 47

Mary, 47

Counties, committee appointed to consider con-
cerning division of, and regulation of

County Courts, 157

commissioners in. to present a transcript

of the rates of the towns to the auditor, 129

County taxes, 340, 341

See Courts, county.
Ti-easurers, to be cho.sen by the freemen of

each county. 341

allowed five per cent, on receipts, . . 342
reffulations conceiiiing choice of. . . . 342

to be chosen 398, 399

to receive impost for wi e.'', 401

456

GENERAL INDEX.

Court for Boston, comniissiouers appointed to I

hol.l, ■Ji4 1

Court of Assistants to try no case-s that may

come before inferior. HiT

juries for, to be summoned from Sullulk

and Middlesex. i-!3

cleric to return to auditor transcript of

fines, &c., due, 3-11

Court of Election ordered to be held at Boston. 320
Court General, oath of members of. upper

branch, 11

See Assistants.
negative vote of both branuhe.s. joint com-
mittee appointed conceminir, ... 11
provision to be made for payment of stew-
ard of, 16

conference concerning providing artillery ;
concerning claims against colony : no
member of House of Deputies to make
a motion in conference unauthorized

by House, 16

Deputies dissent as to adjournment, ... 27

to be convened upon pressing occasions ;

council to order matters when time is

brief; seven .Assistants, with Governor

or Deputy Governor, a quorum, . 42, 43

committee of, on military bills, &c., Ather-

ton and Parke.s, 44

order restricting petitions to lirst three days

repealed, 82

tobacco not to be taken in the room where

Court is sitting, 83

bear witness against man stealing, ... 84

appeal from, 89

See Fowie, Mr.
House of Deputies resolves that absentees
at the appointed hour of meeting
are finable, thougli a majority of the

house, 90

and officers, charges in remonstrance

against 90, 91

charges against, sent to the Earl of War-
wick by Gorton, Greene, and others, . 93
House of Deputies possesses exclusive
power concerning elections of its mem -

bers, 119

See House of Deputies,
records of, see Record.s.
manner of keeping Journals ol llie two

houses, 141

actions coming before, to be determined

by joint vote, 179, 180

complaints of unjust proceedings to be

determined by the Deputies only. . .180
order concerninir .■"endina- bills passed by

caclr blanch to the other 183

Court, General, -negative vote:"' in cases of
dilTerence between the two houses,
whether civil or criminal, to be de-
termined by the major part of the

whole Court 266

declaration by. concerning the advance-
ment of learning in New England, 279, 280
petitions to be presented within first

week, 343

questions in difficult cases may be
brought before, omitting the names of

the parties, 343

may be called by the Governor on any

special occasion, 344

adjourned, on account of absence of ma-
gistrates, 352

assembled 24tli October, 16.55, resolved to

be a legal General Court 395

rule adopted, requiring all bills. &c., to pass

through tliree readings, 436

Courts, inferior, not to try cases, without order,
of which General Court has taken

cognizance, 30

authorized to grant freedom from watch-
ing, &c,, 67

Courts, Quarter, in Boston, law directmg four per
annum repealed ; two to be held here-
after, in March and September ; Gov-
ernor to call special Court to try any

capital case, 175

Courts, County, not to take cognizance of actions

under forty shillings e.vcept by appeal, 167
in Bcston, change in days of holding, . 186
two persons to be chosen by the freemen

as associates for, 211

to be held by one magistrate and two as-
sociates, 211

for Suffolk and Middlese.v, law of 1650

concerning associates for, repealed, . 222
record to be kept of fees received for en-
tries, fines, &c., and of expenses, 340, 341
clerks of; to deliver to Treasurer of coun-
ty transcripts of fines, &c., due ; charges
of, to be paid by county Treasurer;
deficit to be supplied by county levy, 340,
341

Court for INiiddlesex, 173

See Middlesex,
for Norfolk, see Norfolk, &c.
Courts for towns, commissioners to try
causes to be appointed by C

Courts,

established for Indians.

minor, for trial of petty offences, . .
special, jurymen summoned to be p;

small
ounty

CEXERAL INDEX.

457

Courts eslablislied with a siiiule comniissiuner
as judge, to examine and bind over
fiiminals, join in marriage, &c., as a

magistrate may, 423

may try cases without juries, unless

either party desire a jury, 262

minor, for towns, commissioners of, may

certily to depositions, &e., .... 282
persons having sat as judges and decided
cases in inferior Courts not allowed to
sit or vote upon the same in the Court

appealed to 318

Cowdry, Cowdrey, William, . . . 240, 2.)0, 369

deputy, 221, 259, 297

Cowes, Henry, 361

Cowiscit, .... ....:.... 199

Cowman, Richard, 33()

Coytemore, Thomas, grant of land located for
heirs of, on petition of John Cogan, in

Woburn, ^. ! . 412

Cradock, Cradocke, Mrs. [Rebecea], JMr. May-
hew agent of, 154

and Thomas Andrews petition forsi.x hun-
dred and seventy-nine pounds due
from the colony ; required to make
proof of the claim; authorized to sue
the Treasurer at next Court, . . . .124
by Nicholas Davison, petition for pay-
ment of money advanced by Govern-
or Cradock in 1629 ; answer of Gen-
eral Court, 212

petitions for aid in repairing Mystic

Bridge, 144

petition of, renewed, 306

Crafts, Sergeant, confirmed to be lieutenant at

Ro.vbury, 327

Criminal offences, committee appointed on

laws against, 11

cases, minor, may be tried by local magis-
trates ; offenders to be punished by
fines under forty shillings, stocks, and
whipping under ten stripes : right of

appeal preserved, Ill

proceedings, person indicted or summoned,
and not appearing, to be proceeded

against for contempt, 185

bonds given for appearance to hold in
force till the party be surrendered into
the hands of the marshal, . . . .211
prosecutions limited to one year after the
offence, saving capital cases, conspir-
acies, or felonies above ten shillings ;
reserving also i-ight of injured party to

civil damages, 266, 267

trials, defendant entitled to presumption of |

innocence, 425

VOL. III. 58

of. to 1

I'utmg a

399

i Crinunals, Ciipilal. absconding, estate

confiscated,

officers and others to aid in pro;

'• hue and cry "' aflcr

to be carried to prison al their own cliariic.

if able, ' '.

proceedings against petty, as drunkards,
night walkers, vagrant.s, &(•. ; magis-
trates authorized to commit to house

of correction

Croe. Jolm 3!)2

Cromwell, Cruniwell, .I(jhn, 431

Oliver, Lord Protector of llie common-
wealth of England, thirty pounds al-
lowed to, by the House of Deputies,

for custom of wines, 421

case of Thomas Kemble and Thomas
Jenner against John Pearce to be pros-
ecuted before, 393, 394

Crops of absent soldier.s, constables to impress

men to help in gathering, &c., ... 42
Crosby, Simon, of Cambridge, deceased, Anne
Thompson, former wife to, authorized

to settle estate, &c., 256

Crosman, Court's determination concerning, . 257

Cudworth, James 198

Curtis, Henry, 409

Gushing, Cushin, Cushan, Daniel, . . .20, 24, 25

Cutler, James, 45

Cutshamakin, Cutchamakin, allowed to buy
three pounds of shot, leaving his war-
rant with the seller, 65

sale of lands by, in Andover, to John Wood-
bridge for inhabitants, reserving four
acres and right of fishing for Roger

and his company, 73, 74

allowed to buy three pounds of shot, . . 235

Cutter, William, 133

Cutts, Richard, and Sampson Lane, hearing of

case between, 175

case concerning twenty-four pipes of wine,
ordered to tried by next County Court

at Boston, 228

Dalton, Philemon 31

Dancing at inns, at weddings, and upon other

occasions forbidden. 224

Dand, Dande, John, 90. 150. 151

fined thirty pounds, 44

See Child, Dr.
fine remitted upon acknowledgment, . .125

second fine of. 113, 114

Dane, Daine, John, 350

land, &c., of William Chandler, deceased,
confii-med to him. having married the
widow and brought up the children, . 177
Danforth, Jonathan, 392

458

GENERAL INDEX.

Danforth, Samuel, 195

Thomas, 272, 290, 345, 351, 380, 381. 388, 404,
405, 406, 408, 412, 413, 418, 428, 435
treasurer of Harvard College, .... 195
recorder for sales of lands and mortgages

for JNliddlese.x, 276

deputy, 422

Mr., 208

Daniell, John 255

Dastin, Josiah, 38'!'

Davenport, Richard, appointed commander of
fort ; huts to be built for garrison ; five
adjoining towns to contribute fifty

pounds, 29

Captain, action on petition concerning

Castle, &c., 110

Richard, order in answer to his petition

about arrears due to the garrison, . . 123
fine for discharging firearms remitted. . 290
guardian of Adam Winthrop, .... 292
acknowledges the receipt of four hun-
dred and eighty pounds for Castle,
from farmers of wine duty, .... 295

[Richard], 65, 367, 401

Davies, Samuel, of Winnisimet, authorized to

keep inn and sell wine, Ill

William, confirmed in title to land bought

of John Coudall, 47

Sergeant John, 45

Davis, Davese. Dolor. 388

John 402

Mary, 403, 404

Samuel, 219

Thomas, to end small causes at Haverhill, 186

William, 275

chosen lieutenant, 286

e.xecutor or administrator of estate of

Digory Carwithen, 322

deputy, 259

Captain, his troop of horse, raised by the

colony, to be disbanded, 359

Davison, Nicholas, 176, 267

in behalf of Mrs. Cradock, petitions for aid

in repairing Misticke Bridge, . 144, 306
petitioner in behalf of Rebecca Cradock, . 212
Mr. [Nicholas] . petitioner in behalf of " Doc-
tor Whichcott and Rebecca ; " same
answer as to former petition in 1650, 428
Day, Stephen, of Cambridge, former grant of

three hundred acres of land recorded, 390
D'Aulnay, Monsieur, negotiations with, . . 44, 45
See Bridges, Captain, 1645.
charge of, that Massachusetts is hostile.
and aided La Tour, denied by Gen-
eral Court. 74

oommissioni'r.-i appointed to go to, . . . 75

D'Aulnay, committee appointed to draw up in-
stractions for the commissioners ap-
pointed to settle differences with, . . 76

and Monsieur La Tour, 179

Debts, collection of, produce not to be offered

to creditors except by agreement, . . 354
to be paid as contracted ; law allowing
payment in produce for money, re-
pealed, 69

Declaration concerning the advancement of

learning in New England, .... 279
of Colonel Birch of his title to Noddle's

Island, 310

Dedham, 1,3, 10,62,66, 119, 121,131, 147, 159, 181,
183, 185, 220, 246, 259, 290, 340, 368, 373,
378. 422, 423.

tax, 28

Mr ^\Tieelock appointed to join in mar-
riage at, 45

boundaries laid out by Captain Atherton :
one hundred and fifty acres of land
given by Deputy Governor Dudley to. 68
Eleazer Lusher captain, Joshua Fisher

lieutenant, Henry Phillips ensign, . .139
granted a new tract of land for a village, . 181
village incorporated as Medfield^ .... 188
inhabitants of, offer to allow two thousand
acres of land within their bounds to

the Natick Indians, 246

terms of grant of land to, altered, .... 247
allowed use of a drake, (small artillery.) . 301
committee appointed to settle dispute be-
tween Indians and inhabitants of,

concerning titles to land, 306

petition concerning- Indians, &c., referred

to inferior Courts, 385

Deeds, 223, 280

See Conveyances.

Defendant, 185

See Actions at law.

Denison, Daniel, 148, 332. 339, 350

deputy from Ipswich, sent back by Gen-

. eral Court, 115

See Ipswich,
granted six hundred acres of land, includ-
ing two hundred and sixty-seven acres
granted to his father out of the Rox-

bury grant, 255

grant of si.x hundred acres of land lo-
cated. 347

party ordered by, to Piscataqua, . . . .321

See Indians,
granted three hundred acres of land, in
addition to former grant of two liun-
dred acres, to be located near North-
ampton 430

GENERAL INDEX.

459

Denison, Daniel, chosen commissioner of

United Colonies, 372, 422

chosen reserve commissioner, . . 220, 296
chosen Assistant, . . . 296, 339, 372, 422
chosen speaker, .... 147, 171, 239, 259

chosen major general, 296, 372

Jepuly, 147, 220, 259

Major [Daniel], 122, 137. 217

deputy, 121

Major General [Daniel], . . . 311,330,429

chosen secretary pro lem., 327

to prepare laws for printing, .... 342

Edward, deputy, 259. 373

William, . 145

Mr., 255

Depositions, 260

See Evidence, written.
Deputy, chosen from session to session, has
not the same benefit of law as he that
is chosen at first for the whole year, . 402
See House of Deputies.
Deputj' Governors.

Richard Bellinghara, . . . 296, 372, 422
Thomas Dudley, 61, 104, 121. 146, 220, 258

John Endicott, 182, 339

John Winthrop, 2, 9

Deputies, separate proceedings of, 1

oath of, in the trial of Richard Redman, . 84
or other messengers of towns, to meet at
Salem, in April, 1650, to consult con-
cerning elections, 180

towns not having more than thirty free-
men, at liberty to send, or not ; but,
sending, to bear their expenses, . . 320
See House of Deputies.
Destauriers, BL, (French merchant.) .... 194

Dexter, Richard, 330

forfeiture abated 394

Dill, Abigail, widow, 396

George, forfeit of one hundred pounds abated

to eight pounds on ready payment, . 126
deceased, dower assigned to his widow, 396
Dillingham, Mr., deceased, Mr. Hibbins joined
to, committee appointed to take ac-
count of Richard Saltonstall, executor

of, 52

Dimocke, Democke, Thomas, . . . . 198, 199
Dingham, Mrs., division of estate confirmed, . 81
Diving apparatus, petition concerning patent

for, by Edward Bendall, 157

Dix, Edward, 229

Dod, George, 403

Dogs, not to be kept without license from se-
lectmen, 134

killing sheep, to be hung, 134

Donations to the colony, inquiry concerning, . 378

Door of the House of Deputies, officer to at-
tend, 2

Dorchester, 1, 3, 9, 29. 46, 50, 57, 62, 118, 121, 137,
147, 183, 185, 200, 203, 220, 246, 259, 297,
301, 340, 373, 278, 422.

tax, 28

and Weymouth, committee appointed to

view the nearest way between, ... 46

Messrs. Glover, Atherton, and Wiswall, ap-
pointed to end small causes at, . . . 83

and Braintree ferry, order concerning, . . 128

petition of, for an island in lieu of Tom-
son's, to aid in maintaining a free
school; answer of Court, 139

fine for neglect in making due returns

abated to five shilfings, 144

and Weymouth highway laid out, . . .158

referred to inferior Courts concerning title

to Tomson's Island. 202

petition for release of jMrs. Tilley, referred
to answer of General Court to answer
to petition from Boston, 208

vs. John Tomson, to recover possession
of Tomson's Island : verdict for de-
fendant, 217

fine of five pounds for not building Nepon-
set bridge to be remitted, if the bridge
be built in three months, 271

officers authorized to sell one of the great
guns and purchase a smaller of its

value, 418

Dordin, Josias, 330

Doughty, Doughtie, Francis, 138

letter written to, concerning Mrs. Cole's

affairs, 108

Dover, 2, 10, 53, 62, 64, 120, 122. 133, 134, 147, 179,
183, 219, 259, 340, 373, 411, 422, 431, 434,
435.

Mr. Bradstreet and Mr. Symomls appointed

to hold Court at, 30

collection of claim for deputies boaiil or-
dered, 47

William Waldron engages for payment of

deputies' diet, 63

George Smith commissioner of small
causes, William Waldron registrar, 69

Smith, Danforth, and Hall to end small
causes ; Smith clerk of the writs, . . 83

fine for not sending deputy respited till

answer be sent in, 254

fine of ten pounds imposed for not sending

a deputy, 254

petition of, that Bellingham be judge of its

Court for the year, granted, .... 273

George Smith, Richard Waldron associates

at the Court held at, 273

400

CiExNEKAL LN'UEX.

Dover, allowed to send two deputies. .... 286
Court, Captain Waldron and Valentine
Hill chosen and confirmed associates

for, 308

Lieutenant Pomfret appointed to marry, . 346

division of lands at, 394, 395

report of committee to divide Squamscot
and settle ditferenoes with ; proposi-
tions of Captain Wiggin and Thomas
Lake for settlement approved by Court,
and a committee appointed to confer
with Hampton and Strawberry Bank, 409
—412
Hampton, and York, instructions to com-
missioners for, . 429

Court, .... 273, 380, 405. 40fi, 428, 429
may confirm military officers and com-
missioners presented by Strawberry

Bank, ' 304

magistrates of, to keep also at Salisbury

and Hampton. 127

order concerning, 299

Dow. Henry, deputy, . 373

Dower, widows", Gookin and Prichard appoint-
ed committee to frame law concerning, 154

law concerning, amended, 169

Downing. Emanuel, and others, petitioners for

alteration of law against Anabaptists, . 51
tenant of, between Lynn and Ipswich,

licensed as innkeeper 124

Emanuel, fine of fifty shillings for absence

from Court remitted 148

associate for the County Court at Salem, 162
grant of si.\ hundred acres of land to, lo-
cated between Hampton and Piscata-

qua River, 230

committee appointed to locate land for-
merly granted to 330

deputy, 121

Mr. [Emanuel], 3, 8

deputy, 1

and Major Nehemiah Bourne, commit-
tee appointed to audit and collect the

account of, 50

Draper's Point, 154

Dress, extravagance in, 243

See Sumptuary laws.
Drew, Lieutenant, petition for immunity from

wine duties denied, 419

Drunkenness, law against, 139

committee appointed to make an order con-
cerning ; power of constables to arrest,

where no magistrates are, 157

law against, 170

by sailors, law to prevent, 184

See Sailors.

Drunkenness and other vices, order for sup-
pression of, among youth, .... 242
decision concerning third offence, . . . 271

order for prevention of, 359

Dudbridge, William, 115

Dudley, Samuel, 12, 64, 66

to end small causes in Salisbury, . 108, 123
associate in the Court at Ipswich, . . . 108

to keep Courts in Norfolk, 127

associate in Norfolk County Courts, . . .164

Mr. [Samuel], . . . . " 403

deput}-, 1

Thomas, . 20, 39, 44, 46, 51, 68, 129, 206, 207
allowed si.xty pounds for salary as Gov-
ernor for 1 645, 84

e.xecutor to Mr. Isaac Johnson, . . . . 1 89
one hundred marks granted to, for ser-
vices as Governor, 1650, 226

grant of fifteen hundred acres on Concord
River to e.\tend two and a half miles

on the river, 246, 247

petition of Woburn concerning grant to, 290

Assistant 2

chosen sergeant major general, ... 2
chosen commissioner in reserve, . . 62. 1 2 1
. for the United Colonics, . . 104, 105. 146

chosen Governor 9, 182

chosen Deputy Governor. 61, 104, 121, 146,

of Ro.xbur)', deceased, estate of. free from
levy of 1653, on petition of e.xecutors, 329

Mr., powder burned at funeral of paid for, 329
deceased, Watertown mill to be disposed

of for the use of his heirs, .... 330
land to be laid out to as executor of Isaac

Johnson, 435

Dummer, Richard, 53.114

r.s'. Mrs. Howe, John Stone, and Nathaniel
Tredaway : case submitted to arbitra-
tion, 70

to make it appear that he had authority to

make sale of Mr. Nelson's land, . .158

executor of Mr. Thomas Nelson, to give
account upon oath to Mr. Richard Sal-
tonstall and Mr. Samuel Symonds, . 164

to give account to Captain Robert Bridges
' and Mr. Symonds, 171,180

his authority to sell Mr. Nelson's land de-
clared to be good, 194

declared to be lawful agent of Thomas

Nelson. 194

eight hundred acres of land granted to,
for twenty-three pounds expended in
1637 and 1639, 413

deputy, I, 10. 39, 44, 62, lO.-^

Mr., ' . 4, 7. 11, 233

GENERAL INDEX.

461

J)umiTier, Mr., anil Newbury, order concerning

cosls in suit, 65

Stephen, 192

Dunbar. Mr., 219

Duncan, Duncomb. Duncombe, Nathaniel, 79, 130,
173, 244. 267, 317

chosen auditor, 54

papers left by Governor Winthrop deliv-
ered to, 179

granted thirty pounds for his services in col-
lecting wine duty, 180

chosen commissioner of Boston, .... 293
Lieutenant [Nathaniel], . . 3, 4. 11, 14, 26, 75

deputy, 1, 9, 39, 44, 62

Mr, 76, 84, 106

Dunster, Henry, 392

report of committee to lay out farm for, . 38
to be paid one hundred pounds, ... 87
first president of Harvard College, . . . 195
petition in aid of Harvard College, . . . 207
petitioner for Harvard College, .... 214
authorized to marry John Appleton and

Priscilla Glover, 248

and others, guardians of Adam Winthrop. . 292
president of Harvard College, resigns. . . 352

Mr. [Henry], 106, 131

farm of, 321

Dutch, conference intended with, concerning

trade, &c., 130

.ship, fine of master of, for shooting on the

Lord's day, abated, 132

French, &c., forbidden to trade with In-
dians in Massa^-husett.s, 208

sale of provisions to, forbidden, . 297, 298
conference desired with commissioners of
United Colonies concerning diflTer-

ences with, 311 — 316

and Indians, committee to draw up the

case respecting, 311,315

Captain Jacobson's bark forfeited for trad-
ing with, 348

law against trade with, repealed, .... 354

Dwite, Timothy, deputy, 259

Dyer, Thomas.' 95, 376

authorized to keep ordinary at Weymouth, 7

deputy 62,105,183,259,297,340

Eames, Lieutenant Anthonv, of Hingham, 19 — 26,

74
Easton, Nicholas, president of Rhode Island, .216

Eastowe, William, 6, 330

deputy 1, 121, 147

Eastward, expenses of commissioners to, . . 309

Eaton, Samuel, 195

[Theophilus], Governor of New Haven,
money due to, ordered to be paid by
Treasurer to Benjamin Gillam, ■ . 238

Eaton, Mr.,

House of Deputies desires account to be

taken of committee on estate of,

letter of, referred to a committee, . . .

Ebed-Melech, servant of Job Lane, ....

Edsall. Thomas, fine for voting, not being a

freeman, abated to twenty shillings, .

Edwards, Nathaniel, e.xecutor of Nathaniel

Smith, deceased,

deceased, Joseph Hills administrator of.

Eel Pond,

Elbridge, Thomas, review granted to, against
the administrators of Robert Salton-

stall,

Elections, controverted, . . 3, 5, 1 15, 403, 404,
Election sermon, Nathaniel Rogers, of Ipswich,

chosen to preach, . . .'

thanks to Mr. Cobbett for preaching, . .

Elections, Court of, ordered by Deputies to be

held at Salem : Magistrates dissent, .

Elective franchise restricted to freemen, . . .

See Freemen.

forfeited for crime or misdemeanor against

state or church,

Eliot, Jacob, •. . . .

John 96, 131,

Mr. 1G4,

ten pounds granted to, for care of In-
dians.

requests that none in Boston but William
Phillips should sell wine to the In-
dians,

released from paying ten shillings, fine

of an Indian, since dead,

Rev., and mhabitants of Dedham, petition

for Natick Indians,

petition for Indian setflenienl on Merri-
mack River,

petition of, in behalf of Indians at Nasli-

op, &c..

petition for enlargement of Pautuckett, .

Margery, petition for confirmation of sale

of land by administrators of Samuel

Sherman, deceased, to Jacob Eliot,

decea.sed, referred to next Court, . .

Philip, deputy, 340, 373,

Elmer, Edward, 378,

Elson, John, .' . .

Elthropp, Elthroppe, Abigail, referred to Ips-
wich Court, concerning estate of hus-
band,

Thomas, deceased, order concerning dis-
tribution of estate, on petition of Smyth

and Pickard. executors,

Elvin, Mrs.,

46a

GENERAL INDEX.

Elwell, Robert, and others, petitioners for re-
view in an action against Mr. Tuttle ;

review granted, 115

Embezzlement by servants, &c., penalty for, . 102

Emerson, Joseph, 332

Emery, John, authorized to sell estate by giv-
ing security for payment of proceeds

to children of his wife, 254

Senior, 367

Endicott, John, 10, 12, 20, 21, 37, 68, 76, 115, 167,
288, 378, 432
twenty pounds advanced to, in part of sal-
ary, 7

voted one hundred pounds for service as

Governor, 14

grant of land (five hundred and fifty acres)

to, located, 141

one hundred marks granted to, for services

as Governor, 185

granted three hundred acres of woodland,
provided he sets up copper works with-
in seven years, 256

one hundred marks granted to, .... 276
granted Catta Island, near Marblehead, . 389
committee appointed to lay out land for-
merly granted, on Ipswich River, . . 401
granted one thousand acres of land for

seventy-five pounds stock, .... 430

chosen Governor, 2, 146, 220, 258, 296, 372,

422

Deputy Governor, 182, 339

Assistant, 9, 61, 104. 121

sergeant major general, 9, 61

commissioner in reserve, . . . . 147,182

commissioner for the United Colonies, 61, 104,

105, 121

major general, 104. 121

his farm in Rowley, 48

England, commissioners appointed to negotiate
with the Earl of Warwick, or before

Parliament, 48

commissioners in, agent sent to, by the
General Court, to answer imputations

of Gorton, &c., 79

petition and remonstrance of the Governor

and Company of Massachusetts Bay

addressed to, in answer to the petition

and declaration of Samuel Gorton, &c., 95

appeals to Rome not admitted to remove

causes out of the Courts in, .... 97
Scotland, and Ireland, day of humiliation

appointed in respect to, ... 233, 239

English, William 179

deputy, 62, 105

Sergeant, excused from attendance on

Court, 120

Ensome, Robert, and others, abatement granted

on impost of wines on petition of, . . 73

Entry of actions, fees for, 283

Epps, Daniel, 350

Ermin, Lady, donation of, for Christianizing

Indians, 106

Escheat, no heirs to estates appearing, com-
monwealth to take estates by, . . .104

Esse.x Count)-, 5, 424

committee in, to draw up a body of laws, 26,
46
Court changed from December to Novem-
ber, 224

regiment ordered to muster for this year,. 377
persons in, licensed to sell wine, &c., to

the Indians, 369

several ministers of, to attend the synod at

Boston, 419

Estates, settlement of, proposition of commis-
sioners of United Colonies concern-
ing, agreed to, 164

of persons deceased, law concerning settle-
ment of ; wills to be proved and re-
corded ; inventory to be made, &c., . 172.

conveyances of, forms, &c., 223

record of conveyances, see Registration of

deeds, &c., T . . 222, 223

sale of, 280

of persons dying in the county of Suffolk,

law concerning settlement of, . 280, 281

of Indians guarantied, 281, 282

Estow, William, see Eastow.

Everill, James, 132

Evidence, oral, excluded ; all hereafter to be

in writing, &c., 211

written, complained of as being illegible,
&c. ; Courts authorized to order and

regulate concerning, 260

written, may be attested in presence of any

local magistrate, 282

E-xcommunicate persons. House of Deputies

dissents from bill to punish, .... 16
E.tecution of judgments issued by General

Court and Courts of Assistants, . . . 305
See Actions at law.

Executioner, 164, 304

See Bell, Thomas.
Executions not to be sold or assigned, . 356, 357

Executors, 172

See Estates.

E.xeter, 410.411

petition of, that Samuel Greenfield be au-
thorized to sell wine, and that Richard
Bullgar be lieutenant of the company,
denied till further information be ob-
tained, 8

GENERAL INDEX.

463

Exeter, Anthony Stanion, Samuel Greenfield,
and James Wall authorized to try
small causes ; committee appointed to

lay out bounds of, G4

Anthony Slanien local magistrate for, . .110
allowed to choose a constable, but denied

to choose local magistrates, . , . .192

boundaries, 2-48

Eyres, Eires, Eire, Simon, paid by General
Court for medical services for John

Simonds and Mrs. Cole, 276

and others, of Watertown, petition con-
cerning lands, 384

Fairbanks, Richard, 14, 131

claim of sixty-nine pounds eighteen shil-
lings and five pence paid by trans-
fer of Edward Tyng's debt, .... 42

Fairfield, Da;iiel, 67, 161, 273, 421

Elizabeth, 67, 161, 273

P'alls River, 305

Farle)', George, 392

Farrington, Farington, Farringdon, Matthew, 388

Edmund, 273

Fast appointed December 24, 1646, .... 86
June 18, 1651, (in view of the condition of
New England ; also of England, Ire-
land, and Scotland,) 233

November 9, 1652, ("for loss of so many
persons by unwonted diseases," un-
usual storms, continued rains, wars in
England, heresies, " that God would
give us favor in the hearte of Parlia-
ment," and " would supply us with
such commodities as are wanting," . 287
Faulkner, Edward, allowed to sell wine at An-

dover, 123

Faulsham, John, 17

Faxon, Thomas, 309, 310

Fawer, Fawre, Barnabas, settlement of estate

.of, 401, 402, 420

Ehazar, 401, 420

Grace, 402, 420

Fences, selectmen to make orders for, . . .319
Fenwicke, Mr. [George], .... 130, 131, 164
Fernald, Reynold, associate at Strawberry

Bank, 293

Ferries, regulations as to number of persons to

pass over, &c., 81

order regulating, preventing crowding the
boats unduly, jumping ashore without

payment, &c., 143

Ferry over Neponset River, 128

Dorchester, 128

Salisbury, authorized to keep. 130

ri'.:.'ulation?s 'H answer to petition of farm-
«'.■,. ol Charlestown Ferry, .... 432

Ferry at Newbury, 112,181

Newbury and Salisbury, . . 155, 157, 381

Charlestown, 214

Kennebunk, 339

Ferrymen to carry over magistrates and depu-
ties, not their families, 07

Boston and Charlestown, si.v pounds per

annum allowed to, for ferriage of

members of the General Court, . . 69

Fines, regulations concerning collection of, 340, 341

imposed by the House of Deputies, to be

paid, or delinquents to be brought to

the bar, 52

when imposed, to be promptly paid, or in
default, imprisonment or other punish-
ment to be substituted, 69

Fires, law against kindling in the woods, save

during March and April, 102

Firewood, invention for saving, and warming

rooms with little cost, by John Clark, 283
First president of Harvard College, Henry

Dunster, 195

Fish, inspection of, 223, 265, 266

Fisher, Anthony, purchaser of Samuel Cook's

land, 290

deputy, 147

fine abated, 350

Joshua, 234

chosen lieutenant, ....'.... 139
of Dedham, petitions to be freed from

duty on wines, referred, 159

deputy, 297

Lieutenant [Joshua], .... 214, 405, 413
Fishermen, order concerning encroachments

by, at Marblehead, 03

Fishery at Hull encouraged, 106

Fiske, Phineas, authorized to sell wine at Wen-
ham, 127

deputy, 297

William, excused from attendance on

Court. 120

deputy, 105, 147. 183, 259

Fitch, Zachariah, and Josiah Dastin, petition

concerning location of highway, . . 387

Fitts, Zechariah, 330

Five Mile Pond, 305

Fletcher, Joseph, 367

exempt from impressment, 300

Flint, Flynt, Thomas, 13, 39, 44, 80

Assistant, 2, 9, 61, 104, 121, 146, 182, 220, 296

Mr., ...'....' 12

Foley, Thomas, 406

Folsom, Faulsham, John, 17, 21 — 25

Foote, Foot, Joshua, 9

deceased, sale by Joshua Hewes, adminis-
trator, confirmed, 405

464

GENERAL INDEX.

Ford, Thomas, judgment against Captain John

Wall, 255

Forgery, punishment of, 103

Forsdicke, Stephen, fine of twenty pounds

abated to five pounds, 139

forfeiture of forty pounds abated to five

pounds, upon his appearance. . . .213

Foster, Hopestill, deputy, 259, 297

Ensigne [Hopestill], deputy, 422

Fowle, Foule, Tiiomas. 51,90

petition for indemnity in suit of Ald;'rnian

Barkly, ..." 49

and Mr. Smith, signers of the remon-
strance, being arraigned, appeal to
the commissioners for the plantations
(in England), and, refusing to give
.security, are committed, .... 88, 89

fined thirty pounds, 94

Foxcroft, Mr., 4, 9

Francho, Franco, Solomon, the Jew, claim for
factorage on cargo of Imanuel Perada,
consigned to Major Gibbons, denied,
but granted subsistence till he can get
passage back to Holland. . . . 159, 100

Franklin, William. 238

Fraudulent conveyances. 203

Free school at Dorche.ster, an island to be

granted towards the maintenance of, . 1 39
French, committee appointed by the House of

Deputies concerning the, . . . . 4. 18
committee appointed in House of Depu-
ties, to take testimony concerning the, 37
negotiations with M. D'Aulnay, governor

of the, at Acadia, 44, 45

and Dutch forbidden to trade with Indians

within the limits of Massachusetts, . 208
vessels attacked by Captain Lane, . . . 249
and Dutch, sale of provisions to, forbid-
den, 297, 298

Frenchmen, two, board of, for one month, to

be paid by the Treasurer, 322

seven, (La Fortune and others.) allowed

seven pounds for provisions, .... 29

French, William. 392

lieutenant of military company of Cam-
bridge, 109

Frost, Edmund, 207

Nicholas, 402

Phebe, 406

Fry, John, 369

Fuller, John, deputy, 373

Furber, Furbur, William, 120

deputy, 122

Fur trade, committee appointed in House of
Deputies, to be joined, concerning the
Indian, 14

Fur trade, with Indians, persons forbidden to en-
gage in without license, under penalty
of one hundred pounds; committee
appointed to advise as to the mode of

farming out the same, 424

Gaffard, Mr., of Salem, four muskets of the
colony being burnt while in his
hand.s, the Court does not demand

payment, 248

Gage, John 275. 350

Corporal [John] 307

Gayner, Gainer, Thomas, petitioner concerning

ship Planter, 156

goods not inventoried to be delivered to

him ; Keayne and Tyng appointed to

e.vamine the record thereof, . . . .162

a review of his action against Valentine

I Hill and Captain ^Villianl Tyng

I granted, 226

petition for relief against William Aspin-
vvall and Edward Bendall, report of

committee thereon, 253, 254

I petition for relief concerning sale of ship

Planter, action of both branches

thereon blotted out by agreement, . . 271

vs. William Aspinwall, case settled by

oath of defendant concerning ri-ceipt

from plaintilf, 278, 279

petition for relief against William Aspin-
wall, and Edward Bendall, .... 307
is granted review of his action, .... 433

Mr., 252

Gallop, Mehelable, petitioner for sale, S:c., . . 216
Gallows to be removed from its location and
erected in Bo.ston, under the supervi-
sion of selectmen, 184

Gaming, abettors punished, 201

punished by treble forfeit, 102

Gardner, Gardiner, Gardener, Edmond, to take
such lines as are due from neglect of
order concerning saltpetre, .... 8
allowed forty shillings for care of saltpetre

order, 27

to be paid by Ipswich for labor concerning

; saltpetre, 64

five pounds allowed to, for care of salt-
petre at Ipswich, 110

Nathaniel, 410,412

Richard, sale of land to, confirmed, . . .140

Mr., 417

Garrett, Jame.s, appraiser of estate of Captain

Howsen, 295

Harmon, 303

Hermon, Watertown allowed to buy one
thousand acres of land of, obtamed by
mortgage of an Indian, kv 225

IIKNEKAL INDEX.

4(;

Gates, Stephen. 80

Gedney, Gidney, John, petition concerning
composition for impost on wines ;
Keayne, Penn. and Parkes empowered
lo compound with, &c., . . . 147, 148
petition concerning wine duty, .... 191

Gethoths, Samuel, 367

General Court, declaration by, concerning the
advancement of learning in New Eng-
land, 279, 280

See Court. General.
George Sagamore pretends title to lands at or

about Rumny Marsh, 252

George, Indian, complains of land wrongfully

detained from him, 233

Gerrish, William, 423

answer to petition of, concerning settle-
ment of ilr. Oliver's estate in New-
bury, 165, 166

William, and others, petitioners in relation
to the will of John Lowle, . . . .125
to bring up Mary Oliver, &c., . . . . 176
to end small causes at Newbury, . . .194

chosen captain, 229

appointeil to marry, 256

not allowed to command both infantry

and cavalry company, 286

deputy, 183, 220, 259, 297

Captain"[William], .... 345, 396, 424

Gibbon.s, Ambrose, 69

Henry Sherborn, executor of estate, re-
nounces, is accepted by Court, and is
appointed administrator of same es-
tate ; order concerning division, . . 429
Edward, 119, 163, 268, 285, 319, 346. 367, 368
ordered to send two shallops and discover

what ship is hovering on the coast, . 10
to pay Robert Saltonstall for wages of

crew of ship Guilbert, 32

instructed to preserve order in the town

and harbor of Boston, 38

to command forces against the Narragan-

setts, 39—42

ordered to be sworn as to goods of the

Canary merchants in his hands, . . 52
consignee of Perada's cargo. . . 159, 160

powder remitted to, 163

paid twenty pounds by United Colonies

for services against the Narragansetts, 189
settlement of accounts between Massa-
chusetts and, 189

chosen Assistant, 182, 220

major general, . . . .147,182,220,340
Major [Edward], . 11,14,15,39,65,79,137
to take charge of the military company

at Hinghani " .... 65

vol,. III. oO

Gibbons, Major, allowed to land wines tempora-
rily for cooperage, without impost duty, 145

deputy, 9. 39, 62, 105

James, 336

Giddino-s, Gidden.s, Gitten.s, George, . . 377, 420

deputy, 297, 340, 373

Giffard, Gilford, John, 379

vs. Iron Works Company 351

and undertakers of the Iron Works, suits

between, 369—372, 379

released from custody on petition of Becx,

Frost, Foley, Pocock, and Greenhill, . 406

Gilbert, Thomas, 67

the ship, 32

merchants who took, in reprisal, ordered
to give security to abide decision of

Court, 30

Gill, Arthur,. . ■ 161

Gillam, Benjamin, 338

Glass works, 48

Gloucester, 2, 3, 5, 10. 62, 77, 109, 121, 147, 183, 221,
259, 297

fax, •28

Mr. Stevens, legally chosen deputy, is ad-
mitted, notwithstanding the difference
between the church and him, ... 3
having first chosen Mr. Stevens as deputy,
and afterwards upon some difficulty
chosen Mr. Bruen, the latter is sent
back by House of Deputies^ and the

former summoned, 3

Sergeant George Norton appointed by
House of Deputies to exercise the train

band 5

Thomas Smith appointed to end small

causes at, 5

Hugh Caulking, Thomas Smith, Obadiah

Brewen appointed to end small causes, 31
fined five pounds for not having sent a

deputy, 6.'i

fine remitted upon e.xcuse given. .... 65

Mr. Stevens appointed local magistrate, . 107
Hugh Calkin, deputy, having removed, is
dismissed, and town desired to choose
a new member, ......... 235

to be written to by the secretary in relation

to salt works, 275

fine for irregularity in nomination of ma-
gistrates, remitted, 293

line, for want of match, remitted, .... 368

Glover, John, ■"'no

confirmation of title to land sold to, by

heirs of Thomas Newbury, .... 46

Assistant, 'i-'^- 29«

deputy 121. 147, 183,220

Ur. [.John], 3, 4, 7, 27. 46, 80, 83, 106. 221, 237

466

GKXEK.VL INDEX.

Glover, John, deputy. 1, 105

Mrs., report of committee to lay out farm

for, 38, 39

Priscilla, 248

Goat skins, order against e.\portatioii of, . . . 45
Godfrey, Godfry, Edward, and the town of
York; difference between referred to a

committee, 363, 364

Mr. [Edward] 308, 385

GofTe, Edmund [Eduard .'], 27

Edward, 85, 290, 392, 428

deputy, 62, 183

his petition for the payment of one hun-
dred pounds : Treasurer authorized to

pay what is due, 349

his claim of twenty pounds referred to
Tresaurer and Mr. Mousall for e.\am-

ination, 419

Gold, Edmund, 20, 23—25

Gooch, John, 332, 334

Goodale, Gaodall. Elizabeth, 125

deceased. 1647. Abraham Toppan and John
Lowell, sons in law, granted adminis-
tration then, but no record having been

made, entered now, 278

Goodenow, Goodnow, Goodenough, Edmund, 66,
234, 409

leave of absence granted to, 15,42

chosen ensign, 42

to end small causes at Sudbury, .... 130

deputy,. ...... 10, 39, 44, 147, 183

Lieutenant [Edmund], 225, 235, 294, 351, 394

Jane, witlow, 409

Gookin, Gookine, Gooking, Guggau, Daniel, 192,
221, 277, 331, 400, 424
Elias Parkman, plaintiff against; judg-
ment for plaintiff, 377

granted five hundred acres of land for pub-
lic service, 430

chosen Speaker. 221

chosen Assistant, . . 258, 296, 339, 372, 422

deputy, 147, 220

Captain [Daniel), 154, 180, 221, 237. 306, 329,
351, 429
Gore, John, grants freedom to his servant, Thom-
as Reeves, 6

Gorton, Samuel, Greene, and others, charges

of, 93

allowed to pass through the colony, at the

request of the Earl of Warwick, . . 127

Mr. [Samuel], 49, 79, 179

[Samuel], proposition to, concerning set-
tlement of title to Pawtu.xet and

Shawomet, 202

Gorton's .society, corn of the Indians spoiled

bv, .V 116

Gotl. Charles, 340

Goulbe, Thomas. 45

Governor, salary paid to, in advance, .... 7
to be paid five .shillings for signature and

colony seal, 241

one hundred pounds granted to, for I6r>2, . 300

salary of, 320

authorized to summon the General Court on

any special occasion, 344

to reside in or near Boston, . . 373, 374
accommodations to be provided for, . 373, 374

Richard Bellingham, 339

Thomas Dudley, 9, 182

John Endicott, 2, 146, 220, 258, 296, 372, 422

John Winthrop, 61, 104, 121

Governor's Island descends to Adam Winthrop,

the grandson of Governor John, . . . 292
Governors, immediate choice of, by a people a

fundamental law of a commonwealth, 313
Gowen, Robert, of Wenham, half of fine of ten
pounds, for sale of a gun to Indians, re-
mitted, ~. 193

Grain, exportation of, 123

prices of, to be ascertained by the annual

rate of commutation for ta.\es, . . . 359

Grant, Graunt, Christopher, 346

return of commissioners concerning land

in Watertown, 381

Gray, John, gunner at the Castle, allowed

twenty pounds per annum, .... 347

Great Meadow, 330

Greene, Green, Jacob, 354

Samuel, chosen doorkeeper, 2

Greenfield, Samuel, 8, 64

Greenhill, William, 406

Greenleaf, Greidefe, Edmund, 120

Mr., 166

Greley, Andrew, 367

Griffin, Grifli"en. Griflyn, Hugh, .... 234, 409

clerk of the writs, 31

of Sudbury, title to land adjudged to be good, 408
Richard, to end small causes at Concord, . 277

deputy, 121, 220

Mr., deputy, 105

Groome, Nicholas 255

Henry, appointed executor of Nicholas

Groome, deceased, 255

Grosse, Clement, refused license as innkeeper, 428
Edmund, deceased, Jeremiah Howcheu

administrator, 385, 386

authority given to Cole and Johnson, ad-
ministrators of, to sell real estate, 433, 434

Mr., .58

Groton, Groaton, settled as a town on petition
of Deane Winthrop ami others: ofli-
crrs appoinled. &;c 388

GENERAL INDEX.

Croton, petition of inhabitants granted ; tree

from taxes for three years, .... 404

Grout, John, 234, 409

Grout's Head, 234

Guinea, negroes fraudulently and injuriously

brought from, to be sent home, ... 49

Gunn, Gun, Daniel, 349, 360

Gunnison, Gunison, Gullison, Hugh, . . 120, 340
to be paid for board of deputies, twenty

shillings to servants, 70

to be paid eleven pounds and costs of suit

for impost on custom of wine, . . . 127
servants of, granted twenty shillings, . .146
steward, servants of, paid twenty shillings, 167
servants of, granted twenty shillings, . . 203
and others, agreement, in relation to sale

of wine, 148—150

petition for abatement of wine duty, . . 309
case with Captain Shapleigh referred, . . 346
deputy for Kittery, denied admittance as
member; discharged from all military

and judicial affairs, 431

Guppy, John, 307

fine for double voting abated to twenty

shillings, 316

Guy, Jane, widow, authorized to sell land of
her husband Nicholas, to pay debts,

and for her support. 255

Nicholas, 256

Hackburne [Mrs.], allowed twenty shillings
for pains taken in service of the

Court, 29

Haddon, Fermun, petition for a house referred

to County Court at Boston, .... 428

Hadlocke, Nathaniel, 302

William, 336, 337

Hale, Robert, 418, 435

Thomas, 305, 336

Sergeant, 290

Hall, Dorcas, divorced from her husband on

account of desertion, 350

John, 83, 161, 350

Rebecca, petition concerning sale of lands

by, referred to Hampton Court, . . .124
having no hearing at Hampton, is referred

to Salisbury, .136

Samuel, 231, 236, 272 (writted Hull), 394, 404,
411, 412, 420, 436

deputy, 340, 373

Mr., of Salisbury, 300, 396

Halhs, Samuel, 367

Halseil, Halswell, George, 351

and Joan, order referring their divorce to

Court of Assistants, 413

Joan, . . ' 413

Halsteed, William, 148

Hamans, William, 333

Hampton, 1, 8, 10, 62, 109, 121, 147, 183, 219, 220,
226, 231, 259, 290, 297, 309. 340, 345, 373,
381, 388, 412, 422.

tax, 28

on petition of Hussie, Bellingham ap-
pointed by House of Deputies to settle
differences at ; Lieutenant Howard,
claim of, to be forborne. till end of dif-
ferences, 7

Philemon Dalton appointed to join in mar-
riage, • 31

committee appointed concerning equal
division of commons at, on petition of
John jNIonlton and Edward Colcord, . 66

to be allowed five pounds for making a

cart way over the marsh, 81

boundaries, north, committee appointed to

locate, 231

inhabitants molested under pretence of au-
thority from Mr. Batchelor, to be re-
dressed, 253

committee appointed to lay out west line
of, towards Exeter, the latter town to
have timely notice, 248

to pay Roger Shaw for powder, .... 253

report of committee on north line ; com-
mittee appointed to lay out west end
of bounds of, 272

constable of, to levy eight pounds and pay

to Roger Shaw for powder, .... 274

and Portsmouth line, 309

bounds located by a committee, . . 322, 323

in answer to petition of the General Court,
certifies to the good character, &c., of
j\lr. Wheelwright, 344

and Portsmouth boundaries, committee

appointed concerning, 363

and Rowley, question as to highway re-
ferred to next session, 389

and Salisbury boundaries, committee ap-
pointed to run, 395

market at, on Thursday, 395

and Sali-sbury, order for settlement of
boundaries between, &c., by former

committee, 403

new commissioners appointed to settle

boundary between, 420

new committee appointed to settle
boundaries, 432

Captain Wiggin's estate to be taxed in, . 433

Court, 124, 125, 136, 164, 273, 429

to be kept by Dover magistrate, . . .127
Harding, Hardinge, Captain Robert, .... 206

twenty shillings allowed to, for journey to
Narragansett, 1 1

4G8

GENERAL INDEX.

Harding, Captain, 361

Hartford proceedings concernino: Saybrook Fort, 89
Harvard College incorporated ; Henry Dunster
president, Samuel Mather, M. A.,
Samuel Danford, M. A., Jonathan
Mitchel, B. A., Comfort Starr, B. A.,
and Samuel Eaton, B. A., fellows ;
Thomas Danford, treasurer, . . . .195

revenue under five hundred pounds e.xempt
from taxes ; officers e.xempt for all
property under one hundred pounds
each ; officers and others also e.xempt
from civil offices and military duties, 195

General Court will grant a corporation to
manage its affairs on conditions ; ap-
points Danforth to lay out Mr. Israel
Stoughton's legacy; agrees to assign
debt of one hundred pounds, but is
unable to enlarge buildings at pres-
ent ; cannot change the ferry rent :
grants exemption from duties, &c., on
gifts from other colonies; severally on
petition of President Dunster, . . . 207

treasurer of committee directed to pay
one hundred pounds and interest due
to, 214

president authorized, upon the expiration
of the present ferry lease, to renew it
to whom he can, under certain condi-
tions, 214

order against encouraging dissipation
among the students of, or of other
schools, 242

petition of president and fellows for repair
of buildings; answer deferred till the
return of application by commission-
ers of the United Colonies for aid in
England ; president is desired in mean
time to apply to churches, .... 275

importance of, maintained; committee in
each town authorized and requested
to collect contributions for supporting
the president, fellows, and poor schol-
ars, 279, 280

petition of, for location of eight hundred
acres of land given by Cook, of
Charlestown, granted, 296

grant of two thousand acres of land to, . . 299

committee appointed to e.xamine into in-
come and expenses, salaries of presi-
dent and fellows, &c., .... 331, 832

requested not to employ as teachers per-
sons of unsound faith, or scandalous
lives, 343, 344

towns requested to appoint each a collect-
or of donations to 348

Harvard College, upon resignation of Mr. Dun-
ster, overseers authorized to make pro-
vision for, and to report, 352

one hundred pounds per annum granted

to, 358, 359

four new overseers chosen, 368

next president, continuing three years,

granted five hundred acres of land, . 387
thirty pounds advanced to Charles Chaun-

cy, president, 388

president and fellows authorized to punish

students, 417

five hundred acres of land granted to Presi-
dent Chauncy, 423

Harvest, mechanics, &c., compellable to aid in

gathering, in pressing times, . . . 102

Harvey, Ann, 155

Hasletine, Halsten, John, 233, 246

Robert, 233, 246

Hasnemesukoh. 348

Hastings, Thomas, 384

Hathorne, Haulhorne, Hawthernp. Hawthorne,

John, 219, 299

licensed to keep inn at Blalden, (opposed

by some citizens there.) . . . 228, 229
innkeeper at Lynn, succe.ssor of Joseph
Armitage, petitions for abatement of

wine duty, 276

William, 3, 4, 7, 11, 14, 29, 53, 180, 191, 240,
273, 277, 372, 412, 424
granted two hundred and fifty acres of

land, in Rowley, 48

Francis Willowby appointed substitute
for, (agent to D'Aulnay.) in case of the

detention of, 75

grant of two hundred and fifty acres of

land located, 141

associate for the County Court at Salem, 162
four hundred acres of land granted to, . 226
granted land in Kittery, in lieu of the
twenty pounds due him as commis-
sioner of the United Colonies, . 252. 253
farmer of revenue of wines, .... 289
special commissioner to hold Courts in
Salem, Lynn, Marblehead, and Man-
chester, 423

See also Courts, special, 1657.
granted three hundred acres for pubUc

service, 430

chosen speaker of the House of Deputies, 2,

10, 39, 62, 122, 183, 210, 422

commissioner for the United Colonies, 182,

220, 258, 296, 339

deputy, 62, 121, 147. 182, 220, 258, 340, 422

Mr. [William], . . .8. 12, 13, 18, 26, 27, 30

deputy I. 9, 39, 44

CJKNEKAL INDKX.

409

Huthorne. Captain [William]. 39. fifi, 7"), liO, Iu4,
157. 193, 215. 221, 237,250

Haugh, Atherton, 200

Samuel, 384

grant of four hundred acres to his father,

Atherton Haugh, located near Concord, 200
Mrs. Susanna, answer to petition of, con-
cerning house in Boston, 213

Haughton, Katherine, now wife of Richard,
answer to her petition concerning set-
tlement of her former husband's es-
tate, 256

Ralph, 302

Richard, 256

Haverhill, 109, 122, 145, 147, 183, 186, 221, 259,
290, 297. 340, 345
boundaries ; also, between Haverhill and
SalisDury, committee appointed to

settle, 186

island in Merrimack River granted to. pro-
vided Mr. Ward prove not a title in

three years, 189

new committee appointed to lay out boun-
daries of, 233

boundaries as located by commissioners,

confirmed, 246

and Salisbur)', committee appointed to ex-
amine and report on di.spnte concern-
ing lands, 349

correction of mistake as to boundaries

of, 365

Hawkins, Hawkings, Jame.s, 228

Jane, petition to come into Massachusetts
to visit her children ; General Court
allows her to remain one month, and
leaves future residence here to the

Assistants, 189

allowed to return to the jurisdiction, . . 394
petition, with her sons, to return, de-
nied, 413

widow, denied liberty to return, .... 63
petition of her sons, James, Job, and
Thoma.s, for her return, denied, . . 228

Job, 228

Thomas, 228

Captain, 3, 7, 74

deputy, 1

leave of absence from House of Depu-
ties, granted to, 7

Hawley, Doroth)-, 277, 304

Thomas and wife, sale of land by, to Wil-
liam Parkes, confirmed, 277

sale of land by, to John Johnson, con-
firmed, 304

Hayne, Haynes, Haymes, John, 409

Walter. ..... 12.31.234.240.394,409

ilayne, deputy, 62,121,221

Haynes, Mr., letter concerning Narragansetts

and Uncas, n

Hazeltine, Robert, i86

See Hasletine.
Healths, law against drinking, repealed, ... 30

Heath, Isaac, 25.j

William, 14, 31

of Roxbuiy, excused from training, being

above sixty, 235

deputy, 10, 39, 44

Heaty, , • 2is)

Heiwood, Ralph, petition of, concerning trans-
portation of a child, 30

Henderson, Archibald, petition for abatement
of fines granted as to two pounds out
of more than twenty pounds, . . . 289
Henfield, Captain, connected with Captain
Lane in the attack upon French ves-
sels, 249

Hepbourne, George, 45

Heresy, particular forms of, defined : penalties

affixed, 98

Heretics, letter to. Plymouth, ad rising measures
against increase of the Anabaptists

and other, • • • I'i'S

Quakers, Anabaptists, deniers of the Holy

Scriptures, &c., 259

Hersey, William, 20, 24, 25, 68

Hewes, Joshua, agent of Joshua Foote, allowed
to attach e-slate of Mr. Foxcroft, in
hands of Mr. Tyng and David Yale, . 9

Heydon, Heiden, James, 67, 143

John, granted four pounds for care of his

distracted or possessed child, . . . 140
allowed five pounds for his distracted

son, 395

of Braintree, granted five pounds per
annum, for the caro of his distracted

Goodman [John], of Braintree, five pounds

paid to, for care of his distracted son, 329
Goodwife, allowed fifty shillings for relief

of her distempered child, . . . .363

Heyward, John, deputy, 10, 39, 44

Hibbens, Hibbins, Hibbings, William, 39, 44, 261

chosen Assistant, 2. 9, 61, 104, 121, 146, 182,

220, 258, 296. 339

Mr. [William]. II, 26. 50, 52, 84, 129,! 29lj 351

Hides, not to be exported before tanning, . . 85

Highways, order concerning encroachments on,

by gates and rails, Ill

and bridges to be maintained by the towns

in whose limits they are, 144

Hill, Peter, 336

Ralph. Sen 392

470

GENERAL INDEX.

Hill, Ralph, Jun., 392

Valentine, . . 32, 180, 346, 363, 364, 385, 424
and Captain William Tyng, granted re-
view of action of Thomas Gayner

against, 226

associate, 273, 308

deputy, 259, 297, 340, 373, 422

[Valentine], 54

Hills, Hill, Hils, Hannah, 271

Joseph, 45, 46, 138, 159, 173, 187, 201, 215, 250,
300, 317, 330, 374
land granted to, in behalf of Thomas

Marsh, 45

to examine the la\Ts now at the press, &c., 130
granted ten pounds, for his pains about

the printed laws, 162

to examine public writings left by Gov-
ernor Winthrop, 164

and Hannah, his wife, confirmation of
sale by, on securing children of Blr.

Mellows their share, 271

petitions for remitment of fines imposed
on the church of Maiden and Mr.

Matthews, 294

paid ten pounds for services in preparing

the laws for the press, 308

to prepare laws for printing, 342

petitio)! for remission of fine (Maiden

church) denied, 389

administrator of Nathaniel Edwards, 389, 390
granted five hundred acres near North-
ampton for money paid and services, . 415

chosen speaker, 105,115

deputy, . . 105, 183, 221, 259, 297, 340, 373

Mr. [Joseph], . . ' 84, 125

deputy, 62

Hillton, Hilhen, William, 6

deputy, 2

Hilton's Point, 411

Hincksman, Thomas, 402

Hinckson, Philip, 336

Hingham, 1, 10, 12, 62, 68, 121, 147, 183, 206, 216,
220, 259, 273, 297, 340, 373, 422, 423

tax, 28

committee appointed in House of Depu-
ties to examine differences in, . . ■ . 12
petition of eighty-one inhabitants against
conduct of Governor Winthrop, and

proceedings thereon 17

petition. House of Deputies desires opinion

of magistrates concerning, .... 18
controversy concerning command of its
military company, between Lieuten-
ant Anthony Eames, Joshua Hubbard
[ Hobart], and others ; details of action
of both houses, 19—26

Hingham, Lieutenant Torrey appointed to ex-
ercise company at, 27

Henry Rust appointed to record marriages,

&c., at. 30

Lieutenant Torrey, chief military officer, . 43
discharged from exercising the military
company at his own request, ... 65

1NL-. Bozoon Allen, Anthony Eames, and
John Merricke appointed to end small
causes at, 74

fines of fourteen shillings remitted to sun-
dry petitioners residents of, upon con-
dition of making acknowledgment on
lecture day at Boston, 80

Bozoon Allen, 'Nicholas Baker, Nicholas
Jacob to end small causes at ; Samuel
Ward cleik of the writs, 83

fine for neglect in making returns abated

to forty shillings, 144

Bozoon Allen lieutenant, Joshua Hubbard

[Hobart] ensign, 146

Ralph Woodward authorized to solemnize

marriage at, 180

inhabitants of, Nathaniel, Baker plaintiff
against, J 98

Bozoon Allen captain, Joshua Hubbard

[Hobart] lieutenant, 229

and Scituate, ditference concerning Coni-
hasset meadows referred to commis-
sioners of United Colonies, . . . .236

Joshua Hubbard [Hobart] authorized to

marry at, 252

Captain Hubbard [Hobart] and the other
commissioners authorized to adminis-
ter oath to the constable of, ... . 394

directed to obey the order of the County
Court to support the child of Goodman
Buck, deceased, 434

and Scituate, settlement of boundaries be-
tween, by commissioners of Massa-
chusetts and Plymouth, . . . 437, 438

Hinckley, Thomas, 388

Hitchcock, Hitchcocke, Richard, . . . 336, 337

granted a hearing vs. Thomas Warner, . 395
Hobart, see Hubbard.

Hobbs, Christopher, 336

Hogsflesh, , 428

Hogsty Cove, 411

Holbrook. Holbrooke, John, 240

deputy, 220

Thomas, 158

Holden, Randall, petition to return to Massa-
chusetts to settle business denied, as
all may be transacted by attorney, . 157
Hollingsworth, Richard, petition for remission

of four pounds fine denied, .... 64

(JENERAL INDEX.

471

Holly, Samuel, deceased, sale of house, kc, iu
Cambridge, liberty by his widow, to

Edward Jackson,

Hohnaii, John, dereased,

his will proved, 418^

petition of, to declare his father's will void,
referred to County Court, . . . 400,
petition concerning his father's will de-
nied, 418,

Holt, Nicholas, 272, 302,

his farm,

Holyoke, Holioke, Hollioke, Edward, deputy,

for Springfield,

Elizur, 292, 30(), 351,

confirmed as ensign,

commissioner at Springfield, . . 351,
to divide land at Springfield, 308, 351,
dismissed from attendance on the Court

upon his request,

Mr., 215, 308,

deputy,

Holy Scriptures,

Hooke, William, deputy,

deceaseil,

Mrs. Elinor, authorized to sell the estate of
Captain Norton, her former husband,
deceased ; also to settle the estate of
William Hooke, her late husband, de-
ceased,

Horses, law against using, without leave, . .
registry of, to be kept by clerks of writs,
and none to be shipped without certifi-
cate from the register,

order concerning impressment of, fur pub-
lie service,

impressment of, for commissioners of Unit-
ed Colonies repealed,

valuation of, for ta.\ation, {those of four
years of age, sixteen pounds, three
years, ten pounds, two years, seven

pounds, &c.,)

not to be sold to Indians under penalty of
one hundred pounds, (provided other
colonies pass the same law,) . . . .

Hosier, Samuel,

Hostages at the Castle, committee appointed to

treat with captain for,

Houlton, William,

Hounds, towns authorized to buy. for huntiug

wolves,

House of correction to be erected in each

county, 375,

prisons temporarily used for; directions
for labor of prisoners, &c. : orders to
keepers concerning commitment, gov-
ernment, and discharge

Hou.se of Deputies, records of, commence, . .

William Hawthorne, speaker,

Samuel Green, doorkeeper,

no member allowed to be absent without
leave,

no member allowed to sit or stand with
his hat on while the speaker is pro-
pounding a vote,

messenger to House of Magistrates forbid-
den to bring back messages from the
same other than concerning the busi-
ness on which he was sent, ....

no member to be called to the bar without
majority vote, and after conviction, .

committee appointed to prepare a form for
the entry of the votes of,

committee appointed on petitions, . . .

general busine.ss committee appointed, .

committees to be nominated at large, and
afterwards chosen by vote put by
speaker,

no member to speak twice till others have
spoken,

comptrollers (monitors) appointed, (Cooke
and Torrey) with reference to rule
about speaking,

day appointed for meeting of general busi-
ness committee,

private business of, committee appointed
to draw up an order against divulging ;
also against spreading false rumors, .

William Hawthorne, .speaker,

instructions to members of, in case of con-
ferences,

speaker to have the casting vote, ....

members not allowed to record their votes,
if absent on private business, . . .

Edward Rawson chosen clerk for one year.

Captain Hawthorne chosen speaker for the
August session.

Captain George Cooke speaker, ....

Atherton, Allen, and Bass, granted leave
of absence,

clerk, twenty marks granted to, for 1645, .

William Hawthorne speaker,

votes to remain in separate session from
the Magistrates,

Captain Bridges speaker,

Robert Bridges speaker,

chooses Nathaniel Rogers, of Ipswich,
preacher of election sermon, ....

Edward Rawson, secretary, to have twenty
marks for two years' services, . . .

Joseph Hill speaker, lO.i, 1

order for choice of new deputy from Bos-
ton instead of Edward Gibbons, . . 1

472

(iENERAL INDEX.

ise of Deputies, declaration by, tliat it has
power alone to act concerning the elec-
tion of its own membeis, acceded to by

Magistrates, 119

William Hawthorne, speaker, 122

two stewards to be appointed for, . . .122
Richard Russell speaker pro tern., . . .132
Major Daniel Denison speaker of: Edward

Rawson clerk, 147

William Parkes, James Penn, stewards for

the session, 147

voted to be dissolved into a committee for

answering petitions, 157

four pounds salary granted to the clerk of, 158
letter from, to Magistrates (as from the free-
men) declining to establish salaries

for the Magistrates, 171

Major Daniel Denison speaker, . . . .171

Penn and Parkes stewards, 171

Captain William Hawthorne speaker, . .183
duty of clerk concerning bills passed, . . 183
members absent at roll call to be lined
three pence, and six pence for every

hour afterwards, 183

William Torrey clerk, 183

Captain Willard comptroller (monitor), . 183
William Parkes and Matthew Boyce

stewards, 183

certain members, being about to return
home, authorize those remaining to
act for the wliole in matters specified, 206
Richard Russell speaker pro lem. ; speak-
er. Captain William Hawthorne; stew-
ards, Ephraim Child and Matthew
Boyce; monitor, Simon Willard, . . 210
Captain Daniel Gookin, speaker. May

session, 221

William Torrey clerk, 221

Jewett and Parkes stewards ; Edward

Mitcheson, messenger, 221

Major Daniel Denison, speaker for Octo-
ber session, 239

Major Daniel Denison speaker, .... 259

William Torrey clerk, 259

Ephraim Child and Joseph Jewett stew-
ards, 259

clerk's accounts ordered to be audited, . 295
Captain Humphrey Atherton speaker, . . 297

William Torrey clerk, 297

Joseph Jewett and William Parkes stew-
ards, 297

protest or remonstrance against action of

magistrates, 310

Richard Russell speaker. 340

William Torrey clerk ; voted sixteen

pounds: per annum 3-10

House of Deputies, many magistrates being ab-
sent, adjournment is necessary, . . 352
agree to dine together next session (1655)

at Ship Tavern, 352, 353

constables to make return of members, and

the time for which they are chosen. . 356
members of, must be orthodox in faith, of
moral lives, and faithful to the govern-
ment, 357

salary of clerk, sixteen pounds, .... 360

Edward Johnson speaker, 373

William Torrey clerk, 373

member of, chosen from session to session,
has not the benefit of law as if chosen

at first for the year, 402

William Hawthorne, speaker; William

Torrey, clerk, 422

House of Magistrates, order relating to mes-
senger to, 2

How, Howe, James, 305

Margaret, and Nathaniel Tredaway al-
lowed to retail two butts of wine, . . 81
, and Phillips, widow, order concern-
ing suit between 27

Mrs ' 70

Howard, William, 226, 231

allowed twenty-three shillings for ex-
penses, 178

Lieutenairt [William], 6, 8, 401

deputy, 1, 10, 39, 44

Howchen, Hutchen, Hutchins, Jeremiah, . . 235
authorized to resign his commission, . . 385
administrator of Edmund Gross, . . 385, 386
deputy, .... 220, 259, 297, 340, 373, 422

Mr., 221, 240, 250

Howell, Morgan, 338

case between, and John Baker, . . 334, 338

Howland, John, 198

Hewlett, Thomas, 404

Lieutenant, 27

Ensign, . . . ISfi, 307, 347, 350, 396, 401, 420
Howsen, Captain, Dutch master mariner, de-
ceased, order concerning settlement
of claims against estate of, ... . 295
verdict against administrators of. in favor of

Cornelison, 305

Hubbard, Hubberd. [Hobart], Edmund, of Hing-

ham, . . ' 20, 23, 24, 25

Joshua, of Hingham, . . 7, 20—25, 29, 94, 394

has leave of absence, 15

chosen ensign, 146

chosen lieutenant, 229

authorized to marry, 252

deputy, . . 10, 39, 44, 62, 105, 183, 297, 340

Peter, ",....' 24, 25

Thomas 20, 23, 24, 25

GENP]RAL INDEX.

473

Hubbard, William, of Ipswich, . . .53, 2-19, 424
having expended fifty pounds for the
colony, is granted one thousand acres

of land, 420

granted five hundred acres near Haver-
hill, for money advanced, 275

eight hundred and ninety acres of his
one thousand located; the one hun-
dred and ten acres surveyed given to

Edward Rawson, 435

deputy 422

Mr. [William], deputy, ... 1, 9, 39, 44. 62

Mr., 4, 10

Hudson, Francis, 143

John, 421

William, and others, agreement with the
General Court in relation to the sale

of wine, 148—150

Lieutenant, and Evan Thomas, petition for
remission of fines for sale of beer
above two pence, denied, . . . 360,361

Hudson's lot, 158

Hughes, Hews, Hues, Joshua, administrator of

Joshua Foot, 405

Purnell, fine remitted, 214

Hull, encouragement to fishermen at, by grant-
ing lots. 106

fine for neglect in making returns, abated

to five shillings, 144

petition from, concerning settlement of Mr.

Mathews, as preacher, 153

General Court resolves that Mr. Mathews

shall not return to preach or reside at, 158
a hearing granted to, concerning Lovell's

Island, 291

John, of Newbury, 367

and Margaret, his wife, of Newbury, sale
of land by, to John White, of Water-
town, confirmed, ' . . 347

master of the mint, 261

Margaret, 347

John's Bridge, 305

Plain 305

[Hall], Samuel, 272

Humphrey, Mr. [John], and Robert Salton.stall,
committee appointed to examine ac-
counts between, 52

farm, 191, 273

Hunkins, Hercules, 307, 308, 354

Husband and wife, striking by either of the

other forbidden, 212

Hussey, Christopher, 367

Hutchinson, Hutchingson, Hutchenson, Ed-
ward, 370

chosen ensign, 27

Mr., 379, 401

VOL. III. 60

Huts to be built for the garrison,

Idle persons to be presented to Quarter Court
by selectmen for disposal, ....

Idleness and dissipation among youths, order
against,

Impost on wines, see Revenue.

Impounding cattle, regulations concerning.

Impressment, committee of the House of Dep-
uties appointed concerning illegal ;
and to provide the commander have
his commission from the General

Court only,

by commissioners of the United Colonies,

declared illegal,

of horses,

Ince, Jonathan, student at Harvard College,
the surveyor of the north boundary

line,

Mr. [Jonathan], and Sergeant Sherman,
order appointing them to find the
northern bound of the patent, re-
pealed,

Indian pilot, having relieved our men set on

shore by La Tour, rewarded, . . .

plantation at Natick, bounds of, to be laid

claiming Tompson's Island, referred to a
course of law,

maid, whipped ten stripes, (though ao-
quitted of wilful murder of another
maid.)

trade, committee on,

subjects directed to attend worship on the

Lord's day,

Indians, not to enter the houses of English
without knocking, and leave obtained,

watches, sentinels, and scouts, provided
against,

minute men ordered to be ready against. .

and others, a company formed to trade
with,

the elders desired by the House of Dep-
uties to give advice as to Christian-
izing the,

order forbidding employment of, repealed,

committee appointed concerning procuring
parcels of land for locating the civ-
ilized,

forbidden to worship false gods outwardly,
or to powwow, . '.

order encouraging the Christianizing of, .

Courts for, established,

ten pounds granted to Rev. Mr. Eliot for
care of,

Boston wine sellers, except Mr. Phillips,
forbidden to sell to,

474

GENERAL INDEX.

Indians, letter from Rhode Island, denying in-
juries to the, 162

rights to lands reserved to them, . . 189,233

trade with, forbidden to all foreigners, un-
der penalty of confiscation, .... 208

inhabiting with the English, to be en-
listed in the militia, 268

conforming to civilized customs, to have

allotments of land, 281

law for protection of certain, in titles,

rights, persons, &e., 281, 282

of Pascataqua, desire to submit to the gov-
ernment of Massachusetts, .... 299

land granted on Merrimac River for the,
to be broken up, &c., by petitioners,
(inhabitants of Concord and Woburn ;) 301

the scouting party sent to reconnoitre at

Piscataqua, to be paid by Ipswich, . 321

authorized to establish town at Nashop,

&c., 348

messengers sent to, 349

sale of wines, &c., to, forbidden, e.xcept

by specified agents, 369

and negroes, not to train, 397

not to be supplied with horses under pen-
alty of one hundred pounds, (provided
other colonies pass the same law.) . 398

committee to ascertain concerning sale
of ammunition and strong water to,
rewarded, 402

boats, skiffs, or other vessels, not to be

sold to, 416, 417

penalties provided for sale of any intoxi-
cating drinks to ; all former laws giv-
ing permission to sell, repealed, 425, 426

See Pocomptucks ; also Narragansetts.
Ines, Matthias, petition for remission of fine of

five pounds, refused, 428

Ingalls, (Engalls.) Robert, petition concerning
death of his father at L3'nn bridge;

jury summoned, 134

Incendiarism, 264

Innkeepers, not to proceed without license ;
price of beer fixed ; drunkenness ; la-
borers not to be paid in wine, &c., . 36

to be punished for concealing drunken
persons in their houses, and not call-
ing a constable, 139

not licensed entertaining company with
intoxicating liquors, adjudged to be
breakers of the act concerning, . . . 204

to be licensed for one year only, . . 427, 428
Inns hereafter to be licensed by the County

Courts, 103

regulations against drunkenness at, . . . ] 39

good beer to be kept at, 173

Inns, dancing at, forbidden,

keepers of, ordered not to sell wine, or
strong water, to cause drunkenness, .

Inochecha River, 435,

Intoxicating liquors, debts contracted by sailors
for, not recoverable, unless, &c., . .

law against sale of, to Indians, . . 425,
Ipswich, 1, 9, 15, 27. 47, 62, 64, 80, 108, 110, 121,
183, 220, 259, 297, 284, 321, 340, 354,
422.

tax,

John Whittingham, lieutenant ; Hew-
lett, ensign,

Court continued under the same magis-
trates,

order concerning support of minister at
the New iNIeadows, near,

Court, the associates of, to continue in of-
fice,

to pay fifty shillings, and petitioners of the
New Meadows to pay fifty shillings,
for the time their cause took up, . .

Court, Samuel Dudley, associate, . . .

Daniel Denison chosen deputy instead
of Bartholomew, but rejected by
Court, as the freemen were not all
notified,

New Meadows at, to be called Topsfield, .

way to, from Andover, to be set out. . .

two fifths of Plum Island granted to. 153,

selectmen to oversee building of a pris-
on at,

committee of militia,

to make road towards Aadover, . . . .

highway to Andover, &c.,

1 called to settle differences at, con-
cerning Mr. Norton's removal to Bos-

ton,

expenses of council at, paid by General

Court,

Thomas Boreman, having built a bridge,
is authorized to receive toll for use
of the same, but is denied freedom

from taxation,

Ipswich River, 330,

bridge, (four miles from Reading,) to be
built by inhabitants near, upon lands

granted,

Irish children, Martha Brenton may have two
for servants, if proved before two
magistrates to be born of English

j parents,

! Irishman, David Sellick has liberty to bring

I one on shore for his recoverj-, if he

I send him out of this jurisdiction when

he IS well

iENERAL INDEX.

475

Irishmpii, David Sellick's fine for bringing
some on shore remitted, on condition
that he send them out of this jurisdic-
tion, 291

Iron works, 1 79, 307

House of Deputies considers that notice
should be given that all are allowed

to invest in the, 31

grant of privileges to undertakers of, . . 58
committee appointed on letters concern-
ing, 80

letter showing the financial condition of

the colony, 91 — 93

exemption from taxes in favor of, declared

not to apply to town taxes, . . . .142
execution against owners, levied on Henry

Webb, 351

undertakers of, and John Giffard, former

agent, suits between, . . 369 — 372, 379
Captain Keayne, agent for, nonsuited in

suit against Robert Knight, .... 381

Isabffith, 225

Isle of Shoals, 354, 386

order concerning Courts and military af-
fairs in, 307

Ivory, William, petition for exemption from

military service, 67

Jackson, Edmund, 132

petitioner for sale of Hingham mill, . . 216
trustee of estate of wife of Thomas Joy
and her children ; surrenders trust ;
Joy authorized to repair, but not to
sell the mill, at Hingham, . . . .273
Edward, 129, 131, 178, 181, 188, 214, 234, 277,
306. 331, 372, 381, 403, 405, 413, 424
sale of land to, by E. Kendall, ... 80
• deputy, . . . 105, 121, 147, 220, 259, 297

Mr. [Edward], deputy, 183

Elizabeth, petition for remission of fine
for not proving her husband's will, re-
ferred to Ipswich Court, . . . 432, 433

John, 80

Philip, 31

Richard, deputy, 121, 297, 373

Mr.. .'...' 294

Jacob, Nicholas, 83

deputy, 121, 147

Jacobson, Captain, 418

his vessel declared forfeited for trading

with the Dutch, 348

Jarvis, John, 389

lefts, Henry, 392

Jeggles, Thomas, and Abigail Sharpe, in ab-
sence of the usual officer, William
Hawthorne authorized to marry, . .115
William, 115

Jenks, Jenkes, Jenkins, Joseph, granted patent
for engines for flouring mills, scythe

making, and sawmills, 65

Joseph, Sen., patent granted to, for seven
years, for an engine for the more

speedy cutting of grass, 386

Jenner, Thomas, 393, 394

Jennison, Jenison, William, dismissed, from the

Court, being about to go to Virginia, . 44

Captain [William], 12, 14, 15, 39

grant of land to, located for Edmund
Rice, purchaser, by a new committee, 304

land granted to, 321

deputy, 9, 39, 44

JeofTries, Gregory, chosen grand juryman, . .338
Jeofferye's Creek, called Manchester, .... 30

Jeoffrys, William, 350

Jephson, John, petition for aid in the case of his
sick Scotch servant, referred to Bos-
ton, 428

Jesuits, and priests, ordained by authority of
the pope, forbidden to enter the juris-
diction, 112

wars and combustions raised and fomented

by the secret practices of, . . . .112
Jethro, an Indian, land mortgaged by, to Her-

mon Garret, 225

Jew, Solomon Francho, 160

Jewett, Jewet, Joseph, 221, 233, 246, 275, 295, 347,
349, 350, 363, 365, 377

chosen steward, 221, 259, 297

deputy, 220, 259, 297, 340

Maximilian, 221

deputy, ... 121, 220, 259. 340. 373, 422

John Sagamore, 406

Johnson, Edward, 178, 201, 232, 290, 301, 331, 345,

405, 412, 424, 428

appointed to marry persons at Woburn, 140,

174, 345

oil committee for the discovery of the

north line of the patent, 278

chosen speaker pro tem., 373

appointed .special commissioner to hold
Courts for Woburn, Reading, and Bil-

lerica, 423

deputy, 10.5, 147, 183, 221, 259. 297, 340, 373,

422

Lieutenant [Edward], 4, 6, 10, 14, 26, 75, 83, 110

deputy, 2, 10, 39, 44, 62

Captain [Edward], 237, 272, 277, 378, 396, 431
Francis, appointed lieutenant, .... 304
Isaac, deceased, executors of. Governor
Dudley and ISIr. Nowell, are granted
four thousand two hundred acres
of land, for four hundred pounds
of stock, 189

476

GENERAL INDEX.

Johnson, Isaac, decea.secl, commissioners up-
pointed to locate three thousand two
hundred acres of land for Thomas Dud-
ley and Increase Nowell, executors of, 435

James, 45, 199, 433

John, 10, 14—16, 23. 30, 42, 81, 83, 85, 108,
110, 123, 129, 145, 154, 168, 169, 180, 181,
189, 218, 229, 240, 255, 277, 294, 306, 319,
401, 402, 405, 420, 424.
surveyor of arms; his house being
burnt. Court orders a receipt for two
hundred and forty-eight pounds from
Israel Stoughton, and a bill of e.v-
change drawn by Edward Tyng, for
si.Kty-three pounds, to be recorded by

S. Winthrop, 13

general surveyor, granted from the
treasury what the fines lack of the

forty pounds voted, 16

chosen surveyor general, 147

surveyor general, to contract for powder, 181
overseer to Captain Joseph Weld's will, 238
granted five pounds per annum, for his

services as surveyor general, . . . 248
of Roxbury, purchase from Thomas and

Dorothy Hawley confinned, .... 304
granted three hundred acres of land for

services as surveyor general, . . . 430
deputy, 9, 39, 44, 62, 105, 121, 147, 183, 220,
259, 297, 422
Ensign, confirmed to be captain at Ro.x-

bury, 327

William, 330

Jones, Joseph, of Hingham, fine for sale of gun

to an Indian abated to thirty shillings, 403

Thomas, 217

deputy, 147

Jones's Hill, 225

Jordan, Robert, vs. John Ridgway, case re-
ferred to York Court, . . . . . .361

order in relation to, 379

Joy. Thomas, trustee of estate of his wife and

children, under restrictions, .... 273
liberty granted to. for sale of a mill in
Hingham, for benefit of wife and chil-
dren of, on petition of Edmund Jack-
son and Mehetable Gallop, . . 216, 217
Judges, fees to be paid to, on actions in County

Court.s, 320

Judgments not to be sold or assigned before

execution levied, 356, 357

Judicial proceedings, 103

committee of House of Deputies appointed

upon. 4

Juries, order concerning choice and summon-
ing of, 242

Juries not to be summoned for trial of causes
unless desired by either party, and on
payment of twenty shillings ; may be
summoned in such cases, from three
or four of the next towns only, . . . 262
traverse, allowed four shillings per action, 320
Jurors, grand, allowed three shillings per day, 318,
320
Jury to judge of facts; and, if they understand
the law, not to put it ofi" from them-
selves, but to find accordingly ; but
any juror not being satisfied as to the
law, the whole jury is at liberty to
bring in a special verdict, .... 425
Jurymen to be apportioned among the towns

according to population, 174

summoned to special Courts to be paid

four shillings per day by the parties, . 184

Juryman's oath, 48

Kachecha River, 434

Katharine, one of the maids brought over on

the country's stock, 48

Keayne, Robert, Captain, 9, 22, 80, 83, 153, 173, 178,
187, 244, 370, 371

fined for absence, 65

remitted upon acknowledgment, ... 69

speaker pro tem., 78

allowed thirty pounds expended in colony's

service, 130

Richard Browne and Richard Parker, have
leave to locate their former grant of
land in a new place, the former location

being not sufficient, 131

and James Penn, committee of the Gen-
eral Court, articles of agreement be-
tween them and William Phillips and
others, retailers of wine, . . . 148 — 150
his land (ten hundred and seventy-four

acres) located near Dedliam village, 181,

grant of land located near Medfield, . 188, 189

liable for two guns lent, 229

and others claim lands adversely to Saga-
more George at Rumney Marsh, . . 252
resigns his office as commissioner, . . . 278

Captain, 386

and Josiak Winslow vs. John Gifl^ord. plain-
tiffs nonsuited, 379

vs. Robert Knight, 381

his farm, 413

deputy, 147

Captain [Robert], 14, 23, 128, 129, 131, 13.5,
145, 154, 156, 157, 162, 180, 181, 193

deputy, . 9, 39, 62, 121

Kemble, Thomas, accounts between, and Rob-
ert Rich, order concerning, .... 377

GENERAL INDEX.

477

Kemble, Thomas, and Thomas Jenner vs. John

Pearce, referred to his highness the

Lord Protector in England, . . 393, 394

Kendall, Ehzabeth, late wife of Samuel Holly,

sale of land by, to Edward Jackson, of

Cambridge. 80

John, 80

Kennebec, 393

Kennebunk, 339

Kenny's Creek, 411

Kent, Stephen, of Haverhill, fine of ten pounds
for suffering five Indians to be drunk

at his house affirmed, 290

petition for abatement of fine for selling

intoxicating liquors to Indians denied, 307
Richard, to end small causes at Newbury, 1 94

Kerley, (Carley), William, .302

Keysar, Keizar, Mr., and Captain Smith to
answer for injurious dealing with the

negroes at Guinea, 46

settlement with Captain Smith concerning

ship Rainbow, 58

Kibby, Edward, granted use of estate of Garret

Bourne for care of Bourne's child, . . 384
Kidnapping of negroes justly abhorred of all

good and just men, 84

King. Daniel, discharged from military duty, . 68

Kingman, Henry, 158

deputy, 259

Kinsley, Kingsly, Stephen, . 6, 46, 158, 215, 250
to end small causes at Braintree, . . 161, 240
deputy, ... 1, 105, 121, 183, 220, 259, 297

Kinsbury, John, deputy, 105

Kittery, 253, 297, 308, 340, 361, 373, 380, 386, 422,
434
is claimed to be within patent of Massa-
chusetts ; commissioners appointed to
treat with inhabitants of, concerning
submission to authority, . . . 250, 251
Isle of Shoals, and Agamenticus, instruc-
tions to commissioners for government

of, 288, 289

and York boundaries, 402

choice of Richard Nason as deputy, and

proceedings thereon, 404

deputy from, 431

Knight, Anne, 418

Ezekiel, 332, 334

to end small causes at Wells, .... 333

Richard, 31,166

Robert, 120, 127, 305, 309, 381

and David Yale, petition for new trial

concerning estate of Wonerton denied, 124
vs. Sampson Lane, case entereii for next

term, 276

three hundred acres of land granted to, . 278

Knight, Robert, servant to John Belts, . . .309

, on petition of Anne his wife, abated

ten pounds of the fine of thirty pounds
imposed on Captain Jacobson, . . .418

Knowles, Mr.. 46

land bouglit of, granted to William Haw-
thorne, 252, 253

La Fortune, , 29

La Garenne, , 29

Lake, Thomas, 176, 394, 410

conveyance of lands by, to the inhabitants

of Dover, 411,412

Mr., 219

Lamb, Lambe, Dorothy, and others, sale of land
by, to William Parkes and others con-
firmed, 255

Edward, deceased, Stephen Allen adminis-
trator of e.state of, 216

John, 277

Thomas, 81, 277

deceased, confirmation of sale of land of,

to William Parkes, on petition of

Thomas Hawley and Dorothy his wife,

with Thomas and John Lamb, . . . 277

Lambs, law of 1654 against killing male under

two years of age repealed, .... 424

Lamprell River, 180

Lancaster incorporated, formerly Nashaway ;
limits defined, allotted to Middlesex
county ; first selectmen appointed,

&c., 302, 303

and Sudbury to lay out highway.?, . . . 303
granted privileges of a town ; committee

appointed on boundaries, 351

Simon Willard, Edward Johnson, Thomas
Danforth, appointed pro tern, local
magistrates and selectmen for, . . . 428
Lands, committee appointed on the order con-
cerning burning of, 14,31

common, order concerning fencing, &c., . 113
Lane, Ambrose, allowed to have a special Court

for trial of cases with Robert Nash, . 291

associate, 251

Job, 306

forfeiture abated, 394

Sampson, 182, 228, 276

granted new trial with Richard Cutts, . 175
votes of Court on certain points ; commit-
tee then appointed to audit the ac-
counts of, 176

William, . 389

Captain, ordered to give one thousand
pounds security for damages charged
to have been done to French vessels, 249
Larceny from orchards, woodyards, clothes-
yards, &c., punished, 102

478

GENERAL INDEX.

Larceny of value of ten ehillings punished by
stripes or fine ; petty, at discretion of
Court ; constables authorized to search
suspected places ; persons compound-
ing to forfeit the goods, 262

La Rosse, , 29

Lathrop, Lothropp, Thomas, deputy, . . . .297

Lieutenant [Thomas], 66,114

deputy, lO.")

Latitude of the most northerly part of Merri-
mack River, a committee appointed to
take a true observation of the, . . .278

return of the committee, . . . .361,362,393
La Tour, Latour, Monsieur De, . . . 65, 74, 249

question of magistrates concerning, post-
poned, 16

D'Aulnay is assured that we refused aid

to, 44, 45

trade with, 304

Lady, suit against Alderman Barkley, . . 49
Laughton, Layton, Laighton, Layghton, Thom-
as, 30, 31, 75, 191, 377

deputy, . 121, 147, 183, 220, 259, 297, 373, 422

La Violette, , 29

Laviolette, Swysse, 29

Law, mercantile, new committee appointed to
peruse and compile statutes from

Lex Mereatoria, 252

Laws, book of, delivered in by Mr. Belling-
ham ; committee of House of Depu-
ties appointed to e.xaraine, .... 6

committee appointed in each county to

draw up a body of, 26

meeting ordered of the committee appoint-
ed in tlie shires upon revision of, . . 46

committee appointed to transcribe and col-
late the models sent in from the shires
to meet at Salem or Ipswich, . . 74, 75

committee appomted to collate, transcribe,

&c., 84

desired to be rendered certain and clear, . 85

copy of, to be sent for, vv'hereby to compare

the copy at press, 125

compilation of. committee (auditor and
Joseph Hill) appointed to e.xamine, in
press; amendment voted to, . . . . 130

former, to be transcribed alphabetically, or

by method. 142

printed, to be sold at three shillings per

quire, unbound, 144

Joseph Hill granted ten pounds for ser-
vices in attending to printing of, . . 162

supplemental, committee appointed to in-
dex and to print, 173

mercantile and maritime, committee ap-
pointed to peruse Lex Mereatoria, . . 193

Laws and orders, order concerning publication

of, in the towns by reading in open

town meeting, &c., 204

so far as they are manifestly unjust, are, and

ought to be, accounted of no force, . 328
order concerning printing and distributing, 342
committee appointed to collocate, exam-
ine, &c., 342

in manuscript subsequent to printed vol-
ume to be printed at public charge, . 429

Lawson, Christopher, 120

Thomas Beard to answer appeal of, at the

Quarter Court, 119

Layton, see Laughton.

Leader, Richard, 227, 228, 257

Mr., purchaser of arms, 65

agent of the Iron Works, 91

Ann Mason of London plaintiff against, . 279

case continued, 309

Leather, oath of surveyor of, 11

encouragement to the dressing of; hides

undressed not to be exported, ... 85
law for inspection of, explained, .... 225
Bozoon Allen and William Davis, appoint-
ed committee concerning abuses in

tanning, 275

Letter from the General Court to Plymouth in

relation to the Anabaptists, . . .173

to Mr. Edward Winslovv, 178

to Rhode Island, Warwick, &c., . . . .196
to Roger Williams in relation to Showamet, 228
to be sent to the inhabitants of Kittery, . 251
from Brian Pendleton answered, .... 277
Letters of importance to be recorded by secre-
tary and clerk of the House of Depu-
ties, 246

Leavens, John, deceased, sale of land b)-, con-
firmed, 140

Rachel, of Roxbury, order concerning set-
tlement of her husband's eState, . ,140
Leverett, Leveritt, Captain John, 232, 244, 261, 277,
296, 299, 304, 311, 319, 331, 372
and others, committee on accounts of

Treasurer and Auditor, 277

chosen captain of a troop of horse, . 285, 286
chosen captain of Boston company at

south end, 291

commissioner for Boston, 293

granted small islands between Point Aller-
ton and Nahant for money advanced
by his father for common stock, . . 293

journey to Manhatos, &c., 347

admonished for his conduct concerning the
Dutch ship " Prophet Samuel," and

suspended from office, 380

restored to office on conditions. . . 386, 387

GENERAL INDEX.

479

Leverett, Captain John, deputy, . . . 220, 259, 297
Captain [John], . . . 221, 235, 240, 250, 277

Elder Thomas, 293

Lewes, John, paid fifty shillings towards main-
tenance of Mrs. Cole, 256

Lex Mercatoria, committee appointed to ex-
amine, 193, 252

Ligonia, Lygonia, 179

part of Massachusetts claimed by George

Cleeves and others as belonging to, 392,
393
Lile, Mr., appointed surgeon for the Narragan-

sett expedition, 42

Limitation of minor criminal proceedings to

one year after the fact, 266

Limitations, statute of, concerning suits for

real estate, 422, 423

Lynsie Christopher, three pounds granted
to, for wounds received in Pequot

war, 387

Littlefield, Anthony, 333

Edmund, 333, 335, 369

Francis, 333

Francis, Jun., 333

Thomas, 333

London, copies of book concerning the doctrine
of the gospel published by the synod
at, to be procured by the churches in

Massachusetts, 204

Long, Mary, of Dorchester, petition of, for liber-
ty to marry ; granted, 232

Robert, and others, agreement with, in re-
lation to sale of wine, 148

Long Meadow, 273

Longley, William, 273

Lord, Robert, 350, 351, 354, 367, 420

vs. Nathaniel Boulter ; judgment for plain-
tiff, 384

Lord's day, Indians to be instructed on the, . 7

penalty for profaning, 316,317

Loulton, William, 378

Lovell's Island granted to Charlestown, . . .145
Hull allowed to bring suit to recover, . .291
Lowle, James and Joseph, sons of John, de-
ceased, Essex Court authorized to
appoint trustee for estate of, ... . 302

John, 31,278

order, on petition of Gerrish and Rich-
ard Lowle, concerning will of, . . . 125
deed of sale of executors of, confirmed, 136

Joseph, 302

Mary, daughter of John Lowle, deceased,
allowed to receive ten pounds from
Richard Lowle, although a minor, in

order to go to England, 213

Richard, 213, 302

Lowle, Richard, appointed guardian of children
of John, giving security and eight per

cent., 125

Mr., 166

Low water mark, all lands to, to belong to the
proprietors of lands adjoining there-
unto, : .... 181

Ludlow, Mr., 311

Lugg, Hester, 389

Jane, widow, married to Jonathan Negoos, 116

John, 116

Lumber, surveyors of, to be appointed, . . . 375
Lusher, Eleazar, .... 198,206,234.366,403

chosen captain, 139

purchaser of Samuel Cook's land, . . . 290
appointed special commissioner to hold

Courts for Dedham and Medfield, . . 423
deputy, .... 183, 220, 259, 340, 373. 422

Lieutenant [Eleazar], deputy, 62

Captain [Eleazar], 214, 237, 277, 294, 323,369,
372, 376, 418, 424, 434
Luther, widow, order concerning her husband's .

wages, 70

Luther, , murder of, near Delaware Bay, . 83

Lygonia, see Ligonia.

Lying, slander, &c., law against, 18

Lynde, Lyne, Lynd, Simon, rs. Edward Ben-
dall {suit for interest forborne), referred

to Suffolk Court, 310

petition of, granted concerning trial of

title to land, 401

Thomas, .... 23, 138, 15.5, 159, 330, 395

deputy, 9, 39, 44, 422

Lynn, 1, 9, 31, 62, 67, 121, 127, 144, 147, 176, 183,
191, 220, 259,273, 276, 297, 340, 368, 373,
378, 422, 423.

ta.v, 28

Edward Burcham, clerk of the writs, . . 12
Thomas Layghton licensed to sell wine, . 30
commissioners to end small causes in, . . 75
allowed a market every Tuesday, ... 80

bridge, death of Ingalls at, 134

thirty shillings per annum allowed for

repairs of, 136

petition for explanation of order exempt-
ing Iron Works from taxes ; order de-
clared to refer only to colony taxes, . 142
granted ten pounds per annum on account

of immunity to Iron Works, . . . .307
bridge, committee appointed to finish and

assess cost on Essex County, . 376, 377

Lynn village, called Reading, 7

Macey. Masey, Thomas, 351, 367

deputy, .' 340

Maddox, Madox, David, of Roxbury, deceased,

order concerning settlBment of estate of, 405

480

GENERAL INDEX.

jNIigistrates, Deputies to consult with elders
and freemen as to a reasonable com-
pensation to the, 6

are desired to join the house committee

on appealed cases, 10

exemption of estates of, from taxation, . . 13

and deputies allowed free ferriage, but not

for their families, 67

being interested, selectmen to try causes

under twenty shillings in towns, . . 78

order amending the mode of election of, . 86

exempt from taxes, save for the ministry, . 125

plaintiff forbidden to ask counsel of, con-
cerning cases afterwards to be adjudi-
cated, 168

the freemen decline payment to. for ser-
vices, 171

order for nomination and election of, . . 177

committee of House of Deputies appointed
to confer with, concerning relations of,
to the country, 180

and associates, time appointed for nomi-
nation or election of, 280

and commissioners to return their record
of fines imposed, which the marshal or
constable is to collect and pay over, 340,
341

allowed thirty-five pounds per annum, but

exemption from taxes repealed, . . 357

local, or commissioners for small causes,
must be known and approved for mo-
rality and fidelit)', ........ 357

absent from Court to be fined forty shillings

per day, 373

towns negligent in sending votes for, to be

proceeded against in County Courts, . 413

special commissioners appointed to act as, 423

no authority or power in, doth or ought to

hold against God or his commands, 324

local, appointed in the various towns to
end small causes, see towns by name.
Maine, commissioners sent to ; report from ; re-
turn approved by General Court, 332 — 339

commissioners' expenses, thirteen pounrls

ten shillings and tenpence 309

prison to be built by Saco, Cape Porpus,

Kittery, York, and Wells, 361

return of commissioners concerning valua-
tion of estates and assessment of taxes

in Yorkshire, 386

Major General, committee appointed to draw

up commission and define powers of, 3
See Military affairs.
Makepeace, Makepeas, Thomas, petition for
remission of forfeiture of lumber grant-
ed as to one half, 192

Makepeace, Thomas, authorized to sell a house
and land left by Oliver Mellowes, de-
ceased, to his children, 231

Makworth's house, 362

Maiden, 183, 221, 259, 274, 277, 297, 330, 340, 373,
423

tax, 28

formerly called Mystic side, 162

brandmark appointed for, 188

church of to be proceeded against for or-
daining Mr. Matthews contrary to ad-
vice of the General Court, , . . . 237
church ordered to try jNIr. Matthews for his
unsafe and erroneous opinions, and re-
ceive his acknowledgment ; in default,
secretary to summon a council, . . . 250
answer of church concerning ordination of
INIr. jNIatthews being unsatisfactory,
the General Court imposes a fine of fifty
pounds, nine deputies dissenting, . . 250
church, fine not remitted, .... 276, 389
petition of, in favor of Thomas Skinner,

innkeeper, 277

part of fine remitted, 294

Malicious mischief, by firing haystacks, wood,

&c., law against, 101

prosecutions, penalty for commencing or

aiding iu, 103

Malt, order regulating the cleansing, &c., . . 264
importation of, forbidden under penalty of

one shiUing per bushel, 355

Manchester, 219, 423

formerly called Jeofferye's Creek, ... 30

Manhadoes, messengers sent to, 311

Maning. John, 120

Mansfield, Mary, petition for her husband con-
cerning suits, 213

Manstealing, testimony of the General Court

against, .... 84

Marblehead, 389, 423

authorized to choose a man to exercise in

arms, 6

Arthur Sandyn allowed to sell wine, . . 47
order concerning encroachments on, by

fishermen, 63

petition from, to be established as a town, 153
Francis Johnson, lieutenant of, .... 304
Mares, law forbidding exportation of, repealed,
not being enacted in other New Eng-
land colonies, 416

Maritime law, committee appointed to exam-
ine treatise on, &c., 183

Marjoram, Margerum, Richard, 361

petition against William Browne, of Sa-
lem, referred to inferior Court, . . .388
Market, clerks of 103

fiKNiaiAL INDEX.

481

Marriage, commissioners to end small l•;ul^^es I

authorized to solemnize, &c 3aS ;

Marsh lands reserved by a town for lh;iloli, i

ownership not dive.sted by any subse- '

quent order of Court 181 I

Miir,:i. Thomas, -zranted land for his stoi-k on |

petition of Joseph Hills 4i

Marshal directed to collect toimage (si.vpcnie

per ton.) lor benefit of Castle, ... 36
fees of, for travel, increased as to small

demands, 94 ]

allowed five per cent, for collections, . .112!
acts of deputy, William Wilson, legalized, 174
and deputies allowed to demand aid in
executing process, as constables are, .

duty of, see Actions at law,

fees of, regulated ; granted revenue on
strong waters at retail, .... 318,
law giving revenue on retailing strong wa-
ter continued.

Marshall, Thomas, 190, 30i,

to lay out Reading and Winnisimet road, .

deputy,

Sergeant

granted forty shillings lor .service wilh

Captain Bridges.

Deacon, petition for an island in Connccli-

_cut River, refused,

Martin, George, 1J5,

William,

Mary, the ship, petition to Pailiann'iit i'ni\ciTii-

ing .seizure of,

Mason. Hugh, attorney of Wateitowii. granted
review of trial, or security for cu<t<. .

Lieutenant, -I. 14. 31,

deputy, 1, 9, 39

Ann, of London, by Joseph Mason, licr at-
torney, against Richard Leader, con-
cerning lands eastward, case referred ;Mi-
to the next General Court. . . .
Mrs., antl Mr. Leader, case between coi

tinued.

.Joseph,

Mather, Samuel,

Mr., ir,,

Mattaomett

Matthews, Mathews. Mathewes, Mr., inhabit-
ants of Hull petition for the encour-
iigiiig of his preaching among them, .

not allowed to return to Hull,

not to be proceeded with, e.vcept by ad-
monition

time and place appointed for recanlalicju

of errors by

Marmaduke. minister of Maiden, warned
to appear at Court

vol,. III. 01

Mathew.s. Marmaduke, lined ten pounds in de-
fault of acknowledgment for having
been ordained contrary to advice of
General Court ; committee appointed.

&C ;

council of churches, to e.xamine, for er-
roneous opinions, &c., ......

execution for ten pounds fine respited. .
acknowledgment of, received, though not
wholly satisfactory; case continued,,
fine not remitted, .......

fine often pounds remitted: also ten
pounds of Maiden's fine rcniitleil. on

V petition of Joseph Hill

Mr.,

Mattocks, James.

Maud, Mr.,

Maveriek. Blavericke, John, to have firm title
from Phillips to land sold him by Ast-
wood, trustee

pinonslrance. .

signer of Dr. Chi

lined ten pounds, 94

second fine of, 113, 114

review of his cause granted, .... 153
petition for remission of his fine of one
hundred and fifty pounds granted by
deputies, but non-concurred in by

Magi-strates, 16G, 167

half his fine of one hundred and fifty

pounds remitted on petition 200

suit concernijig Noddle's Island. . . .309
caution to public from Colonel Birch
asainst buying claims on Noddle'.s

Island from, 310

discharged from forfeiture of twenty
pounds bond given for appearance of
one Hogsflesh, 428

279 :\Iayl>ew. Mayhewe. Thonia.^,

' Mr., . . ' . . 3, 4, 7, ,52,

309 I deputy

279 I Mechanics compellable to aid in harvest, . .
195 Medcalfe, Meadcalfe. Metcalfe, Joseph, 4. 6,
4 1 9 362,

301) depiilr 1.9, 39, 44, 340,

Medlield. Meadlield, 259, 297J

located and incorporated : formerly Ded-
153 ham village.

158 erected into a town,

George Barber authorized to co[iduct niili-

159 tary trainings at,

Medl'ord.

21)3 Mekins. Thomas.

deputy

23ii .Alellowes. F.hvard. clerk oftlic writs, deceased.

482

l.K.NEKAL INDEX.

IMellowes, John 231

Oliver, of Bruijitree. Jeceaseil ; Tliiiiii;is
Makepeace authorized to sell estate
ami divide among his si\ cliildren, . 231

Mr., provision tor children of. 271

William [Edward], clerk of the writs, . . 64

Jlercantile law, 193

Meriain, INIiriani, Robert, deprity. . . . 373, 422
Meritorious Price of our Redemption, book en-
titled, written by William Pinchon,

condemned, . . . . • 215

Mr. Norton, of Ipswich, to be entreated to

answer, 21G

answered by JNIr. Norton, .... 230, 239

Merricke, John, 74

Merrimac River 406, 431

a little island in. reserved to the country's
use, and a greater one granted to Salis-
bury, 130

an island in, granted to Haverhill, . 189, 256
three miles north of the northernmost part
of, and thence upon a straight line
east and west from the Atlantic to the
Pacific Qcean, the north line of the
jurisdiction of Massachusetts, . . . 274
a committee appointed to find out the most

northerly part of, 278

their return, 361, 362

new settlement on, on petition of inhab-
itants of Concord and Wobnrn, near

Pawtucket 301

float bridge upon, 38 1

Middlesex county, 424

committee in, to draw up a body of laws.

&c., "... 26, 46

Court, to be held on the first Tuesdays of

April and October, 173

and Suffolk, jurors to be summoned from.

to attend at the Court of Assistant.s. . 243
recorder of, to have the Sudbury book of

records from the secretary at Boston, 276
Thomas Danforth appointed recorder of, . 276
Courts, two additional terras in each year

at Charlestown. 281

at Charlestown, days tor holding

changed, 344

j)ersons in, licensed to sell wine, &c., to

the Indians, 369

ministers of. to attend the synod to be held

at Boston 419

Mighill, Thomas, deputy 121

Milam. Milium, .lohn, 1, 33. 197

liable for guns lent 229

plaintifl', against \Villi;nn l''r;uiklin. tlr-

int. rev

iMilani, John, sale of house to Alexander Ad-

danis by, confirmed, 25:;

Military atlair.s. major general chosen, 2, 9, 61, 104,
121, 147, 182. 220, 258, 296, 340, 373, 419

major general, committee appointed to
consider what power is to be given
to, &c., 3

major general's commission in 1645 to bo

the same as the year prior, .... 10

children to be disciplined, with parents'

consent, with bows, small guns, &c., . 12

committee appointed to search the records
for all orders concerinng duties of
clerks of the trainbands, &c., ... 14

sergeant, major, choice of; discipline of
regiments; meetings of officers : col-
lection of fines ; inspection of arms,
&c., twice a year; arms to be kept
by those also not obliged to train ;
clerks of bands to collect fines ; fines
to be applied to buy arms for poor
soldiers ; oath of clerk ; oalh of resi-
dent to qualify for voting for military
officers ; military watch, order con-
cerning, 32—36

committee of the House of Deputies ap-
pointed concerning illegal irapre.ss-
ment. 39

warrants for impressment by commis-
sioners of the United Colonies de-
clared illegal, 39

minute men. to be ready against the In-
dians, 41

all freemen, though e.vempt from service,

may vote for officers, 108

family of major general to be exempt from

military trainings, 109, 113

the three regiments to meet for muster in

alternate years, 137

answer of General Court to questions of
major general concerning employ-
ment npon fortifications, concerning
muster of regiments, &c., 156

watch established in Boston, on account of

the many strange ships in the harbor, 162

artillery company in Boston authorized to
change the annual meeting day in
Boston, 1S6

for arms, &c., powder. &c., and surveyor of
arms, see Arms and ammunition.

major general authorized to summon his

regiment to train once a year, . . . 236
his commission enlarged, 236

oliicers exempt from constables' wali-h. . 26.5

(itiiccrs chnsrn bv cnvalrv of Boston to bp

)f C

264

liEXEllAL INDEX.

483

Military affairs, choice of major for SuH'olk

regiment suspended, 265

cavalry, order encouraging enlistment of, . 265

reorganization of militia ; number of per-
sons in a company, sixty-four ; to train
eight days ; Indians, Scotsmen, and
Negroes enlisted ; choice of officers,
&c., 267, 269

forms of officers' commissions, . . 269, 270

officers to rank by the senioritj- of com-
missions, 284, 285

officers of Boston, 284, 285

order concerning confirmation and com-
missions of officers, 285

commissions for cavalry officers, . . 286, 287

officers' commissions to be fairly writtfu

on narchmeiil. 285

mode of delivery of, 285

House of Deputies protests against action
of Magistrates in preparing men and
stores against time of danger, as ille-
gal and displeasing to the people, . .310

regulations concerning officers of infantry

and cavalry, &c., 320

impressment of soldiers, ferriage, prece-
dence of officers, &c.. 321

commissions to captains explained, . . . 344

upon return of forces against Ninigret,

soldiers to be disbanded, &e., . . . 359

soldiers impressed, but not employed, not

to be paid, 3S7

four shillings and sixpence payable in lieu

of four trainings for benefit of Castle, 368

Negroes and Indians not to train ; order
concerning election of officers ; com-
panies of Boston to have priority in
order of their formation ; cavalry com-
pany not to exceed seventy in num-
ber ; order concerning fines in same ,
concerning muster in same ; concern-
ing commons for their horses ; powder,
&c., order for a constant supply, 397, 398
Miller, Robert, liberated on his own recogni-
zance, from the uncomfortable state
of the prison, &c., 79

Thomas, of Rowley, licensed to sell wine, 110
Millers and others to attend training and watch-
ing, 320, 321

Mills by water power, patent granted lor, . . 65
Mills, Thomas, 333

William, fine of ten pounds for illegal vot-
ing abated to five pounds, .... 346
Mines, owners of. to have all profits save tlie
percentage to the crown reserved in

the charter 126

Mingay, Jeoffrey, deputy, 183

Minister.-;, or word of God, contempt of, to be

punished, lOi

order restraining unlicensed public preach-
ing by, repealed ; but preachers to be
called to account for heterodoxy, . . 317
the General Court will make assessment
upon towns for support of, upon com-
plaint, 354, 355

committee appointed to inquire concerning
the support of the families of, com-
plaint having been made of their suf-
ferings, ..,..'.... 423, 424
Mint, order concerning coining money at, in

Boston; John Hull master, . . 261,262
INlistick, see Mystic.

Mitchcl, Michell, Jonathan, 195

deed of house and land, formerly Mr.

Shepard"s, confirmed to, 225

Mr., 419

MitcheliSon, Edward, 318,319

petitioner, relating to forty pounds due from

him to the country, 8

marslial, 305

petition concerning strong water, .... 396

Mixell, Isaac 229

Money, coining of, 261, 262

not to be exported, 353, 354

Monitor.5, appointment of, see House of Depu-
ties.
Monroes, Monrow, Alexander, .... 233, 295

Montague, Griffin, 338, 339, 361, 386

Moodey, William, 369

Moore, More, Goulden, wife, and others, peti-
tioners, 217

Richaril, 337

Moors, Edmund, petition to confirm title to

lands of John Lowle, deceased, . .136

JIarice, Lieutenant, 361

Morton, 15

Moultou, John, 66

and others, petition concerning commons

at Hampton, 66

Thomas, petition of, referred to next Gen-
eral Court, 160

Mousall, Mowsall, Ralph, 232, 395, 419

deputy, 220

Mowake Indian.s, 436, 437

Muggleton, Lodovvick, and John Reeves, their

books to be burned. 356

Munnings, Muninges, Edmund, 351

George, 190, 232, 274, 363

allowed ten shillings per week for keep-
ing Daniel Guun, 360

part of his fine remitted, 386

Mahalaliell, wharf of George Halswell to

be delivered into the hands of, . . 351

4S4

JENEllAL INDKX.

'.li/zey, Alice, 394

■.Iy*;tii; bridge, General Court refuses to repair. 144
persons undertaking to maintain, author-
ized to receive tolls from passengers, . 306

farm, common granted to, 155

side, 233

of Charlestown, inhabitants of, petition
to be a new Jown, Maiden, .... 162

Nacy, Richard, 361

Nahant and Allerton's Point, islands between,

granted to Captain John Leverett, . . 293

Nanacanacus, 300

Nantasket, 5, 423

to have a hearing in relation to Lovell's

Island, . . ' 291

Naotucke, 360 j

Naponset River, 271 j

bridge, ' ■ ■ 345, 376

Narragansett, 66, 70, 126

wampum due from, to be proportioned. &c., 74 !
sachems, messenger to go to the, . . . 3, 1 1
expedition, crops of the soldiers to be

gathered under care of constables by i

impressment, 42 ,

stock of provisions, &e., estimate of, . . 43 1

Indians, ....'..' 189 |

two, given a coat each for services, . .218

e.xpedition, payment for soldiers of, . 218, 219

Narragansetts, Ting, Mayhew, and Duncan i

appointed a conunittee of House of [

Deputies to reply to Canonicus and

Pessicus, sachems of the 3

committee appointed in House of Depu- ;

ties upon letter from Mr. Haynes con-
cerning Uncas and the, .... 17
written to, to cease war against Uncas, . . 38
resolve of the Court to aid Uncas against, . 39
war against ; JMagistrates' answer to ques-
tion of House of Deputies ; three hun-
dred soldiers to be raised, of which
Massachusetts is to send one hundred

and ninety, 39 — 42

and Pocomptuck Indians, desiring the
Court's permission to make war on Un-
cas, the Court refuses leave, . . 436, 437
vessels to be employed to convey forces
against ; men for vessels to be paid
by whole confederation ;. Mr. Lilo sur-
geon, 41

Nash, James, deputy, 373

Robert, cases between him and Ambrose

Lane to he tried at a special Court. . 291

Nashaway. 15. 219

settlers at, ( Hill, Davies, Chandler, and oth-
ers,) allowed to set out lots for plant-

Xashaway. settlement at. incorporated by the
name of Prescott, changed to West
Town, and afterwards to Lancaster, 302, 303
Nowell and Eliot sent to Indians at, to ad-
vise concerning choice of a sagamore
to succeed Showanan, deceased, 365. 366

River, 302

Nashop, 348

Nason, Richard, 394, 403

being returned a deputy from Kittery,
House of Deputies treat the election
as null, he being under bonds ; free-
men who voted for him to be proceeded

against according to law, 404

Natick, 189. 438

Indians, committee appointed to consider
of the petition of Mr. Eliot and inhabit-
ants of Dedham for two thousand acres

of land for the, 246

committee appointed to lay out boundaries

, of Indian plantation at, 294

Neale, Henry 158

Needham, Edward, 273

Negroes fraudulently and injuriously brought

from Guinea to be sent home, . . 49, 58
aversion of the General Court to the en-
slavement of ; order to return one to

Guinea, 84

to be enlisted in the militia, 268

and Indians not to train, 397

Negoos, Jonathan, house and land of John Lugg,

deceased, confirmed, 116

clerk of the writs for Boston, instead of Wil-
liam Aspinwall, 258

Thomas, 420

Nelson, Mr., land belonging to, sold to John

Palmer, 156

deceased, order concerning estate of, Bel-

lingham and Dummer executors, 164, 165
his estate. Bridges and Simonds to take

account of Dummer, trustee of, . 171, 180
of Rowley, Richard Dummer declared to

be lawful agent and attorney of, . .194

Mrs., 165

Neponset River, ferry to be kept between Dor-
chester and Braintree, 128

Newbury, 1, 8, 10, 62, 121, 136, 147, 16,5, 176, 183,
192, 220, 254, 259, 297, 321, 340, 345, 365,
373, 378, 422.

tax. . '. . ' 2,S

assured that no village or town shall be
erected in its boundaries until its in-
habitants are notified, 8

Mr. Woodman, Joseph [Lowell] Lowle,
and Richard Knisht. appointed to end
small

GE.N'KUA]. IXltKX.

485

Ne'.vbuiy. Edward Rawsoii, Mr. Woodman, and
Henry Short, appointed to cml small
causes at,

and Jlr. Dunimer, parly lo.siny is to pay
for the time of Court

I" Iward Kawson authorized to join in mar-
ria;r(> at,

ferry,

order of Court approving- llic majority in
the dispute at,

ordered to make new election of military
officers.

way from Andover to, to be set out. . . .

two fifths of Plum Island granted to, . .

and Salisbury ferry,

ordered to make a new election of mili-
tary officers, IfiO.

powder for

two fifths of Plum Island granted to. . .

Samuel Plummer, ferryman, authorized to
take twopence toll,

Edward Woodman. William Gerrish, and
Richard Kent, local magistrates, . .

William Gerrish captain, John Pike lieu-
tenant,

Benjamin Sweet, ensign, (at new election.)
approved by the General Court, . .

Captain William Gerrish appointed to
marry at,

to make highway towards Andover. . 282,

highway to Andover,

River bridge, tolls on,

and Rowley, order concerning boundaries,

boundaries, committee appointed to fiv, 395, I
396 j
report of committee concerning bounda-
ries accepted, -104

William Gerrish especial commissioner to

hold Court for, -ISS

Newbury, Thomas, sale of land to John Glover

'by heirs of, 46

New England, declaration of the General I

Court concerning the advancement of j

learning in, 278, 279

New England Jlerchant, the ship, 322

Newgate, Nathaniel, fine of ten pounds for
selling guns to Indians abated to forty

shillings, ". 123 :

Mr., 252

New Hampshire, matters concerning, . . . 429

See Dover, Piscataqua, &c.
New Haven, .... 26, 179, 199, 238, 2S9, 314
churches in, are requested to send elders
and messengers to the .«ynod at Cam-
bridg-e 72

Xew Haven, written to, to solicit union in send-
ing an agent to London.

duties levied on trade with,

duties on trade with, suspended, as Say-
brook duties are suspended, ....

New Hockley Hole

Xewitchawanott; Newythawanacke, River, 306,
New We.adows to be called Toppesfield, . .
Niffhtwalkers, after ten P. M., to be questioned,
Ninicrnlt. an Indian, ordered to pay Pumhom
and others twenty shillings costs, not
appearing, to prosecute his complaint,
Ninigret, return of expedition against, . . .

Nipnop River,

Noddle's Island,

suit concerning

notice to the public from Colonel Birch, ,ns

to title to,

Non liquet, clause authorizing juries, where
evidence is obscure, to bring in, re-
pealed,

Nonotucke, Nonatocke, Samuel Cole granted

land at,

commissioners appointed to end small
causes at, (Lonlton, Bascom, and El-
mer,)

Norfolk, county of, 5,

Courts, S. Dudley, Wiggin, and R. Clem-
ents appointed commissioners for;
Dudley authorized to give oath to

local magistrates,

Court,':, days of, regulated ; Bellingham
and Symonds appointed to hold ;
Wiggin, Dudley, and Clements, asso-
ciates,

Salisbury, shire town,

Courts, R. Clement, Charles Batt, Lieuten-
ant Pike, approved as associate com-
missioners.

Samuel Simonds and Thomas Wiggin

authorized to hold,

I\Ir. Bellingham and Captain Wiggin

appointed to hold,

Bellingham and Captain Wiggin ap-
pointed judges of,

persons in, licensed to sell wine, &c.. to

the Indians,

Courts, to be kept by Mr. Symonds and

Captain Wiggin,

petition of inhabitants for payment of ex-
penses of juror.*, referred to the County

treasurer for payment.

formation of cavalry corps encouraged in,

Norris, Norrice. John

>Ir., 229,

Northampton,

486

GENERAL INDEX.

Northampton, assessment of taxes in, ... 400
(alias Novthwattock.) William Houllon,
Edward Elmer, and Thomas Bascom,
local magistrates ; inhabitants author-
ized to choose constables, . . . .414
Northend, Ezekiel, trustee of children of Ed-

ney Bay ley, of Rowley, 148

North line of patent. 274 j

Northwottock, Northwattock, Northampton for- ■

merly so called, 414 i

Northwootucke, 415, 430

Norton, Francis, of Charlestown, 150, 206, 218, 319,
400

chosen lieutenant, 84

his bond for customs of wines, .... 150
confirmed in otTice of captain of military

company, 304

deputy. . 182, 297, 340, 373

Lieutenant, 110, 123

deputy, ■ 105

Captain, 347

deceased, 385

Captain Lieutenant, 277

deputy, 258

John, ISIr., to be entreated to answer a
book written by William Pinchon, en-
titled the Meritorious Price of our
Redemption, Justification, &c.. . . .216
Mr. Pinchon confers with, about some
points of the greatest consequence in

his book, 229

writes an answer to I\Ir. Pinchou"s book, 230,
239
his answer to be sent to England to be

printed 248

Mr. Pinchon advised to weigh well the

answer of, 257

twenty pounds to be paid to, for his an-
swer to Mr. Pynchon's book, . . . 239

of Ipswich, 217, 368

a council called by the General Court,
for composing matters in .difference
between the churches of Ipswich and
Boston in relation to his removal to

Boston, 378, 387

Mr., 27,419

Nicholas, of Weymouth, constable, free
from three levies of taxes, having lost
an ox paid to him in collecting taxes, 431

Notary, public oath of, 119

to keep a record of powder, kc. imported, 239

Notaries public, fees of, established, . . . .210

Newell, Increase, 23, 39, 44, 49. 93, 123. 173. 331,

348, 365

to pvamine public writings left by (lov-

ernor Winthrop 164

Nowell, Increase, to hear and examine all ac-
counts which concern the country. . 187
executor to Mr. Isaac Johnson, .... 189
to extract laws for this Commonwealth

from Lex Mercatoria, 252

to examine the Treasurer's account. . . 317

executor of Isaac Johnson, 435

chosen secretary, . 2, 9, 61, 104, 121, 146, 258

chosen Assistant, 2, 9, 61, 104, 121, 146, 182,

220, 258, 296, 339, 372

Mr. [Increase], 26, 52, 75, 193. 253, 351, 370,

372, 396

two thousand acres of land granted to

his widow and son Samuel, .... 418

Mrs., land granted to, 418

Mrs. Parnell, widow of Increase, grant of
one thousand acres of land to, located

by commissioners, 434, 435

Samuel, 418

land granted to, 418

giant of one thousand acres to, located, 434,

435

Noyes, Noyse, Noyce, Nicholas, . . . 345, 432

Peter, 13, 38, 39

to marry persons at Sudbury, .... 130

deputy. 183

Peter, Sen., 409

Peter, Jun., 409

Mr., 12, 404

Nutter, Hate Evil 120, 161, 379

Elder, 306, 330

Oakes, Edward, 27

Oath of notary public, 119

of fidelity to be required of all inhabitants,

and of strangers residing two months, 263

Ogkoouhquonkames, 348

Oliver, James, 229, 304

ten pounds paid to, for loss in sale of pow-
der to the surveyor general and Major

Atherton, 413

John, 233, 235, 304

his estate disposed of, 165, 166

Mary, Court defers answer to her petition

for remission of fine of ten pounds, . 140
Lieutenant William Gerrish guardian of, 166,
176
; of Salem, ordered to leave the jurisdic-

I - tion, she living here away from her

husband, 182

Peter. 354

chosen cornet 286

one of the administrators of Nicholas

Willis, deceased, 199

Samuel, paid eight pounds fourteen shil-
lings by the General Court for medical
attendance on Mrs. Elizabeth Cole, . 231

GENERAL INDEX.

487

Oliver, Mr., to be paid fur the cLire of tlio sou

of Pessicus,

Orchards, larceny from

Osgood. John,

deputy.

Margery, of Ipswich, her petition for a larger

dower than allowed by her husband's

will referred to Symonds, Denisoii.

and Norton

[Otis] Oatis. John, remitted part of his fine upon

making acknowledgment. ....
of Hingham, petition for remission of line

denied,

Ottley, Adam, and Joseph Armitage, imipirage

between, confirmed,

Ontlawry,

Pacu.ssett

Padge. John,

Page, Robert, deputy,

William, of Watertown, order concerning

title

Pals

Anna,

e-vecutri-K of the will of Richard, deceased,

and heir of his estate 251

Richard, 251

Mr., 219, 377

Palmer, Palraor, Abraham, ,64

Audry, widow, petition concerning fees

due to the Court, 192

Eleanor, 214

Henry, 309

to end small causes at Haverhill, . . .186

John, 192

of Rowley, petition for conhrmation of
sale of Mr. Nelson's laud to him by
Richard Dummer; Mr. Dummer is de-
sired to show authority to make the

sale, 158

confirmation of title of land sold by

Richard Dummer to, 194

Robert, 190

William, 214

Paquatucke, 126

Parke, Robert, allowed to marry Alice Tonip-

son without further publishment, . . 3

Parker, James, 392

John, 392

Richard, 120, 193. 226. 244

location of land, 131

grant of land located near .Aledfield. 18S, 189
land sold to, by John Johnson, . . . .189
his land, four hundred and thirty-six
acres, located near Dedham villa-e. 181.

Robert.
Mr., .

Parkluirst. Parkhust, George, and wife, to si"a
and acknowledge a deed of sale of

I land to William Page 350

petition concerning sale of land at Water-
town, 385

Susanna, 350

Parkinan, Elias, vs. Alexander .Munroe, peti-
tion for damages, &c.. 233

^ plaintiff, against Captain Daniel (Jookin ;

1 judgment for plaintiff. 377

! Park.s, Parkes, William, 4, 10, 14. 19, 23, 30, 31, 42,
! 44, 65, 83, 83, 106, 145. 191. 294, 351, 376

1 clerk of the market, 103

mortgage from John Alcock confirmed, . 108
overseer to Captain Joseph Weld's will, . 238
sale of land to, confirmed. .... 255,277

attorney for Samuel Cook, 290

granted land near Nanacanacus, .... 300
overseer of John Woodey's will, .... 306
adminstrator of James Astwood. deceased, 347

steward 147, 171, 183, 221, 297

deputy, 1, 9, 39, 44, 62, 105, 121, 147, 183, 220,
297, 340
Parliament, trade prohibited by, with Barba-
does, Virginia, Bermudas, and Anti-
gua until they comply with the com-
monwealth of England, . . . 224, 240
charters received from, for government of
land adjoining Narragansett Bay, in-
. eluding Providence, &c.. . . . . 48, 49

Parmenter, Parmiter, John, 409, 421

John, Junior, 409

Parrot, Francis, to end small causes at Rowley, 127

Parsons, Mary, 229

Ruth, 364

Mr., not guilty of witchcraft. 273

Pascataqua, Pascatoquali, Puscataque, Piscata-

quake. 82. 140, 179

Captain Wiggiii, Mr. Smith, and Ambrose

Gibbons appointed associates in Court, 69

order concerning Courts at, 68

impost of wines, &c., in, to be for the

charges of Courts at. 69

Hampton bounds towards 272

Indians desire to come under Massachu-
setts government ; referred for answer
to the next General Court, .... 299
Ihe scouting party sent out to report the

number of Lidians at. to be paid, kc, 321
River, . 226. 231, 253, 288. 289, 354. 410, 411
Patent, north line of the jurisdiction granted in

the 274

observation to be taken of ihe latitude of
the most northerly part <>( MiTrimac
River, with rcfeienr.. 10 ilie north
bouiidarv of. 27^

488

GEiNERAL INDEX.

I'iiteiit, norlh boundary of, latitude forty-thiee
degrees forty-three minutps twenty

sec^onds 361, 362

of Massachusetts has the precedency of
patents produced by Mr. George
Cleaves, ......... 392. 393

called Wiuicahanatt. or Hilton's Point. .411
Pateshall, Robert, of Boston, repaid live pounds

ta.x, 277

Patridge, John, 182

Pattiii, William, 392

Paupers, (from abroad,) towns not liable for sup-
port of such as are not admitted to re-
side by .selectmen, 370

and vagrants, committee appointetl to frame

bill concerning, lo

Pawtucket, Pautuckett, 387, 406

Pautu.xit, Patuxit, Pawtuxet, and Showamett, 196,
206, 432
committee to agree with the General Court

of Plymouth as to title to, 198

appointment of commissioners to agree

with Plymouth concerning title to, . 198
adjudged to belong to Massachusetts, 198, 199

included in Suffolk county, 201

proposition to Gorton concerning title to, . 202

granted to Plymouth on conditions, . . . 216

Payson, Pason, Giles, sale of land to, confirmed, 405

Payne, Payn, Robert, 114,378

deputy, 105, 121, 147

Mr., and Captain C'liampernoone, decision

on Mr. Payne's account, 124

William, 53, 66, 231

Pearcej Daniel, 432

John, Thomas Kemble plaintilf against, 393,
394
Pecke, Elizabeth, petition for remission of her

husband's fines granted in part, . . 192

iMr., 30

Pelhani, PellaiTi, Herbert, 13, 26, 37

commissioner of the United Colonies, . . 26
allowed four hundred acres of land for
himself, and four hundred acres for

Waldgrave's heirs, 138

chosen Assistant, . . . 9,61,104,121,146
chosen commissioner for the United Col-
onies, 61

William,' 114

chosen captain, 42

Captain, 66, 107

deputy 105

Mr., . ". 18, 52

to be paid live pounds advanced to Cap-
tain Bridge.i .".3

IVmlvrliin. James, claiin> Pemberton"s Island :

n-frired In County Courl to make proof, 272

Pemberton's Island adjudged to belong to

James Pemberton

Pendleton. Pendellon, Pendlton. Bryan, 70, 114,

307, 308, 332, 366, 367, 420, 424,

order concerning estate of John Wooton,

deceased,

to hold Courts at Strawberrj' Bank, . . .
petition in favor of grant to Strawberry

Bank,

two barrels of powder loaned to, by sur-
veyor general,

administrator on the estate of John Watten,

deceased,

Mr., deputy,

Brian!, deputy, 121,

Mr., . . . .'

James,

Penn, Pen. Penne. James, 128, 135, 153, 157,
169, 180, 181, 199,

licensed to draw wine,

account of, to be paid,

twenty shillings granted to servants, . .

and Captain Robert Keayne. committee of

General Court : articles of agreement

between them and William Phillips

and others, retailers of wine, . 148—

■steward, 147,

deputy, 121,

Mr.,

Penobscot, Dudley, Hawthorne, and Denisoii
appointed commissioners to go to settle
tlitlerences with Monsieur D'Aulnay
at ; committee appointed also to draw
instructions for commissioners, . 75-
Pequit land at Paquatucke, near the Navragan-
sett country, granted to John Winthrop,

Jun.,

Pequots to be removed, and lands in e.vchange

given them,

Perada, Iramanuel, claim for factorage on car-
go of,

Perkins, Mr. William,

Lieutenant,

excused attendance upon Hou-:e of Dep-
uties,

deputy,

Captain,

Pessicus. reply to,

Mr. Oliver to be paid for the cure of hii

Benedict Arnold to buy corn from, . . .

Pester, Mrs. Dorothy, has liberty granted her
to marry, her husband not having been
heard of for ten years,

Petapawage River, Groton settled upon, . . .

Peters. Thomas

GENERAL INDEX.

489

Petitions, committee appointed by the House
of Deputies (Downing, Glover, and
Rawson.) to consider one half of the, . ' 3
second committee appointed on, ( Dummer,

Parkes, Carleton, and others,) ... 4
Carleton, Boyce, Parkes, and others, com-
mittee to consider, 10

Wiggin, Shepherd, and Carleton appointed

committee of House of Deputies upon, 15
order against reception after third day of

session repealed, 82

fees for, established, payable to secretary
or clerk, (e.xempting creditors and

m,embers of Court,) 143

not to be received after first week of ses-
sion, 343

Phillips, Henry, chosen ensign, 139

John, 165

Samuel, petition of Child and Heywood in

behalf of, referred to the Quarter Court, 53
William, authorized to sell wine to the In-
dians, 139, 140

servants of, granted twenty shillings, . 146
and others, agreement with, in relation

to sale of wine, &o., . . 148 — 150, 372
twenty shillings paid to his servants, . 167
answer to petition for payment of claim, 191
servants of, granted ten shillings for at-
tendance on magistrates, 203

his claim ordered to be paid out of next

levy, 233

forty shillings granted to servants of, . 239
to convey estate to John Maverick, . . 345
agrees to board deputies at three shillings

per day for the session of 1655, . 352, 353
farmer of wine duty, authorized to accept

thirty pounds for a cargo, 421

Zachary, 218

Mr., of Rowley, authorized to be married
by Mr. William Hubbard in absence

of a magistrate, 249

and Howe, widows, order concerning suit

between, .-27

Physicians, law against cruel and unauthorized

e.vperiments by unskilful, . . . .153
names of dissentients to said order, . . . 153

Pickard, John, 305

executor of Thomas Elthroppe, . . . .346

Pike, John, chosen lieutenant, 229

deputy, 422

Robert, 12

to end small causes at Salisbury, . 108. 123
appointed to layout Hampton bounds, 272, 322

deputy, • .... 147

Lieutenant, '^^

deputy, 121

VOL. III. 6i2

Pike, Lieutenant, oommis^ioner in Norfolk

County Courts 200

petition for revocation of sontcnce
against, denied; coin uissioners ap-
pointed to examine petitioners as to

reasons for asking, 345

petitioners for pardon of, summoned to

trial, 367

Lieutenant, 248

Pinion, Elizabeth, of Lynn, 127

Plaintiff, 185, 424, 425

Planter, the ship, . . . .156,226,278,279,307
Platform of Church Discipline, a book en-
titled, being the result of the synod in
1647, presented to the Court, 177, 178, 240
Plum Island divided between Newbury. Ips-
wich, and Rowley, 153

granted to Ipswich, Newbury, and Row-
ley, l^^o

Plummer, Joseph, 3ii7

Samuel, ferryman, 181

Plymouth, 179, 206, 289

churches are requested to send elders and
messengers to the synod to be held at

Cambridge, 72

written to to solicit union in sending an

agent to London, 79

duties levied on trade with, 152

letter from the General Court to, . . . .173
duties on trade with, suspended, as Say-
brook duties are suspended, .... 191
Atherton and Lusher appointed to meet
with commissioners of, concerning
title of the land called Showomet and

Pawtuxet, &c., 198, 199

granted Pawtuxet, &c., on condition of per-
forming covenants of Massachusetts

towards residents there, 216

commissioners appointed to settle boun-
dary as to Conahasset meadows, . . 380

Pococke, Pocoke, John. '106

commissioner in England, 48

Mr., order providing for payment of, . .144
of England, claim of fifty pounds to be

paid by Mr. Winslow, agent, &c., 247, 24S
letter from, asking payment of fifty
pounds; Treasurer ordered to pay to

his authorized agent, 255

Treasurer ordered to ship produce to
Barbadoes, and proceeds thence to

England for payment of, 29 1

Pocomptuck Indians. ^36, 43.

Poll ta.v, 320

taxes levied, twenty pence, 88

Pomfret, William, 369

Lieutenant, ^^

490

GENERAL INDEX.

Pomfret, Lieutenant, appointed to marry at

Dover, 346

Pond, Mary, 124

William and Mary, petition concerning

estate, 124

Ponds farm, report of committee on boundaries

of, approved, 273

Pont, ,' - 48

Pooley, Richard, admitted to bail, 3S9

Pork, inspection of, 223

Port and harbor regulations, ships from abroad
to have free access to harbor, paying

usual dues, 12

ordered in House of Deputies, that armed
ships are not to fight in harbors, and
that they are safe from batteries unless

upon serious cause, 16, 17

vessels insured safety in harbor by paying

the usual fees, 29

marshal to collect tonnage for Castle, . . 36

rates of wharfage established. 82

quarantine repealed, -. 168

Porter, Grace, petition concerning sale of lands

in Watertown, 384

and Daniel Smyth, order of Court con-
cerning sale of certain lands by, 402, 403

John, deputy, 1

Porters, wages of, in Boston and Charlestown

to be regulated by the selectmen, . . 376

Portsmouth, 340

Court regulations concerning, 299

formerly called Strawberry Bank, . . . 309

limits defined, 309

and Hampton boundaries, committee ap-
pointed concerning, 363

order for settlement of parochial difficulty

at, by arbitration, 428

Posse corailatus, officers to raise, to pursue

criminals, 104

Powder, &c., order for a constant supply, . . 398
Powell, Michael, wineseller and innkeeper at

Dedham. 66

deputy, 121

Mr., advice of General Court against set-
tlement of, as minister at the new

church in Boston, 293, 294

judged by General Court unfit as to abil-
ity and learning for office of minister

of new church in Boston, 331

answer of General Court to petition of
new church in Boston, concerning, . 359
Powwow, Indians forbidden to, under penally of

ten pounds. 98

Preachers, order concerning 317

Preble, Abram 361, 386, 402

Prence, Thomas 198, 199

Prescott. John, and others, inhabitants of Nash-
away, petition concerning non-resi-
dent owners, 203

John, 302

incorporated, formerly Nashaway, limits
defined, selectmen appointed ; after-
wards called Lancaster, . . . 302, 303

Priests and Jesuits, law against 112

Printed book of laws, a word omitted to be en-
tered in, 130

law books, twenty pounds allowed to the
Treasurer for loss on copies purchased

by him, 232

Prison, at Boston, proposal to borrow money at

ten per cent, for repairs of, . . . .168
Johnson and Penn to be repaid sums ad-
vanced for repairs of, 180

comiuittee appointed to repair, .... . 218
committee appointed to repair ; those ad-
vancing money for the work to have

ten per cent., 232

ordered to be built at Ipswich ; forty pounds

granted for the work, 260

to be built in Maine, on petition of Saco

and other towns, 361

keeper's house, in Boston, ordered to be

repaired, 190

Prisons, regulations for keepers of, 103

may be used for county houses of correc-
tion till special house of correction be

built, 399

Prisoner, the House of Deputies desire that the
case concerning (name not mentioned)
may be deferred, and he set at work to

earn his support, 28

Prisoners, prize, liberated on giving one thou-
sand pounds bail each, .... 344, 3^5
Thomas Bobbins to answer at Salem Court
for entertaining two who had escaped

out of Boston prison, 349

(prize men) released, 361

Pritchard, Prichard, Hugh, freed from military

service at Ro.xbury, 66

^deputy, 1, 10, 39, 44, 147

Captain, 154, 157, 180

Mr., ■ 4, 11, 26, 46

Private men, preaching by, law concerning, .317
Probate of wills for county of Suffolk, . 280, 281
Profane swearing, laws against, . . 100, 201, 20.5
Prophet Samuel, ship, of Amsterdam, order

concerning, 380

Proprieties, (or properly.) committee appointed

on a bill concerning, 4

Providence, 196,197,199,228

claim of Massachusetts to jurisdiction

over 48

GEiNERAL INDEX.

49]

Providence, resolutions of Court

rescue of Chasmore from the marshal

of Massachusetts, at, 432

See Rhode Island.

Prudential laws, 10-2

Public notary, oath of, 119

fees of, .' 210

See Notary Public.
PuUen, John, petition to be freed from service
on ship Chapman, referred to Courts

of law, . . ; 190

Pumhom, Pomham, Pomhom, 125

to be supplied with corn, his stock alleged
to have been destroyed by Gorton's
company; B. Arnold to purchase the

same of Pessicus, 116

commissioners to be sent to hear com-
plaint from, against his English

neighbors, 1-15

Rhode Island warned not to injure, . 196, 197
granted costs against Ninicrot, .... 272
and Sacononoco, complaints of, concerning
intrusion of hostile Indians, .... 1 1
B. Arnold, messenger, to demand de-
parture of Indians intruding on, . . 38

Putman, Thomas. 31, 75

Pynchon, Pinchon, John, of Springfield, 292, 306,

351, 414

confirmed in office of lieutenant, . . .307

to divide Springfield land. . . 308, 351, 360

commissioner, 351

William, 39,44

excused from further attendance, . . . 158
theological treatise by, condemned to be
burned; declaration concerning or-
dered to be sent to England, . . . 215
to be summoned to the ne.xt General

Court, to answer, 216

retraction of errors in his book, . . . 229
General Court approves of his confes-
sion, but case continued to next

Court, 230

twenty pounds paid to INIr. Norton for

answer to the book of, 239

Mr. Norton's answer to be printed, . . 248
case continued to May session, 1652;
admonished to weigh well Mr. Nor-
ton's answer, 257

Assistant, . . .2,9,61,105,121,146,182

Mr., 179

Quakers, 415-417

Quanhiggin River, .330

Quarantine below the Castle, for West India

ships, repealed, '^8

Qnidny Island, jurisdiction in, granted to Mas-
sachusetts, 48, 49

Rainbow, the ship, 13, 58

Ram Island, use of, granted to George Carr, . 155
Rape and blasphemy, committee appointed to
advise with elders, and draw up laws

concerning, 372

Rashleygh, Susanna, authorized to dispose of
her husband's estate, he being absent
in parts unknown, . . . . .251, 252
Kawson, Edward, 50, 64, 66, 83, 119, 120, 153, 161,
167, 178, 218, 228, 261, 332, 339
to end small causes at Newbury, ... 64
to examine public writings left by Gov-
ernor Winthrop, 164

guardian of Adam Winthrop, 292

to provide for the commissioners, . . . 431
appointed attorney of the commonwealth,

to implead Richard Woodey, . . . 433
twenty marks granted to, for services hith-
erto as clerk of Deputies, .... 61
authorized to marry persons at Newbury ;
granted twenty marks for services as

clerk of Deputies, 83

with John Wilson, granted land, .... 126
granted five pounds and five hundred
acres of land for losses in making

powder, 142

adjudged to pay five pounds for a barrel
of powder lent to him for Newbury,

in 1641, 163

having given up the five hundred acres
granted him, receives twenty-five

pounds in lieu thereof, 178

recorder for Suffolk, instead of William

Aspinwall, . . . . 258

granted two hundred acres of land. . 366, 367
ten pounds paid to, for loss on corn re-
ceived of colony for money advanced, 417
granted two hundred acres of land for ser-
vice at the eastward, 430

two hundred acres of land laid out, . . .434
granted one hundred and ten acres origi-
nally surveyed for William Hub-
bard, 436

chosen clerk of the House of Deputies, 28, 147

chosen secretary, 182, 220, 258, 296, 340, 373,

422

1, 10. 39, 44, 62, 105, 121, 147
.... 3, 4, 11

deputy, .

Mr., . .
Reading, 122, 138, 147, 181, 183, 221, 259, 297, 423

originally Lynn village, '^

bridge to be built over Ipswich River,

about four miles from, •'^^

and Winnisimmet, new committee ap-
pointed to locate highway, . • • • l^g

pptition for establishing its line referred
to next General Court, l''<'

492

GENERAL INDEX.

Heading, additional territory granted to, . . . 254
to Winnisimmet, highway ordered to be lo-
cated by Reading and Maiden, former
committee not having acted, . . • 274

to Andover, highway, 302 \

and Winnisimmet highway, located, . . 330

Reading, Thomas, 336 l

Real estate, title to, 422, 423 j

Recorders of County Courts not to be county i

Treasurers, 399 '

Records, book of, bills framed and transcribed
into by Lieutenant Torrey, clerk of

the House of Deputies. 158

of House of Deputies, to be perfected, . 360
four books bound in vellum to be provided

for the General Court, 141

letters of importance to be entered by
secretary or clerk of the House of

Deputies, 245 j

penalty for defacing, 263 |

of conveyances, &c., fees for, established, 427 j
Redman, Richard, oath of deputies on trial of, 84
tried and acquitted of being accessory to |
the murder of Luther, &c., near Del-
aware Bay, 83 I

, sick in prison, 68

Reede, Esdras, 240, 250

deputy, 122,221

Reeves, John, and Lodowick Muggleton, books
of, to be burned ; persons having their
books to forfeit ten pounds, .... 356

Thomas, 6

Registration of births, &c., new provisions con-
cerning; fines imposed on clerks of

writs for neglect of, 426, 427

Remmington, Lieutenant, 347, 330

Remonstrance, ■ the, of Dr. Child and others,

against the government, abstract of, . 90
Replevy of cattle impounded or otherwise re-
strained, 425

Retailers of wine, unlicensed, law against, . 136
penalty for concealing drunken persons by, 139

Revenue, impost levied on wines, 51

impost on wines, provisions for collecting. 52
auditor, as collector, authorized to search

houses and cellars for smuggled wine, 65
auditor authorized to enter and search sus-
pected places for .smuggled wines, . 73
duties on wines farmed to Mr. Sedgwick
and R. Russell for four years, at one
liundred and twenty pounds per an-
num, 142

composition for duty on retailing of wines
made between committee of General
Court and sundry vintners, entered
upon record. 148, 149

Revenue, agreement with Sedgwick, Russell,
Norton, and Yale, farmers of the duties

on wines, 150, 151

duties imposed on goods to and from Con-
necticut, Plymouth, and New Haven, 152
Edward Bendall, collector of customs on
goods to and from Connecticut, New-
Haven, and Plymouth, 172

cornmittee appointed to collect wine duty, 218
taxes for 1651 to be increased fifty per

cent., 221

on wines farmed to Captain Hawthorne for
five years, at one hundred and si.xty-

five pounds per annum, 289

former farmers of wine duty discharged

from bond, 295

order concerning, on into.xicating liquors, 318
additional tax (of one fourth the usual)

levied, 367

wine duty farmed to William Hawthorne

and others, 372

William Phillips to take all forfeitures,

&c., 372

farmers of wine duty e.xcused from con-
tract ; impost to be collected by the

county Treasurer, 401

Reyner, Reynor, Humphrey, deputy, . . . .147
Rev. Mr., recommended by the General

Court to the new church at Boston, . 360

Reynolds, ReynoUs, William, 338

to keep a ferry at Kennebunk, 339

Rhode Island, 179

Warwick, Providence, &c., warned not to
injure Pumhom, Sacononoco, William

Arnold, and others, 196, 197

Rice, Rise, Ryse, Edmund, 38, 39, 66, 234, 323, 404
to end small causes at Sudbury, .... 130
of Sudbury, granted fifty acres of land, . 294
purchaser of Captain Jennison's grant ;

land located by new committee, . . 304
land located between Watertown, Sudbury,

and Dedham, 321

petitioner for grant of land, 394

deputy, 259, 297, 340

Henry, 354

Rich, Robert, 377

Rider, Elizabeth, authorized to sell estate of

her husband, Thomas, 389

Thomas, 389

Ridgway, Ridgaway, John, and Mr. Jordan,

suit between, 361,379

Rishworth, Rushworth, Ryshworth, Rishword,

Edward, 363, 402

appointed to lay out land for Captain Wig-
gin. 379

deputy for York, excused, 388

GENERAL INDEX.

493

Kishworth, Edwant, deputy, . . . 297, 340, 373

Mr., 308, 351

Robbins, Thomas, to be tried for harboring two

prize prisoners, 349

Robbins Hill, .301

Rocke, Joseph, of Boston, question concerning }

olfice of constable, 307

Rollers, Ezekiel, 419

Nathaniel, 27

of Ipswich, preacher of election sermon, 80 I

Thomas, 336, 384

Rome, appeals to, not admitted to remove causes j

out of the Courts in England, ... 97 I

Root, Roole, Ralph, and Sarah, his daughter, |

sale of land by, to Thomas Taylor, . 181

Sarah, 181

Roper, Henry, 228

Rose, James, released from prison, 395

Rowley, 1, 10, 48, 02, 121, 147, 148, 158, 183, 194,
220, 259, 297, 321, 340, 347, 373, 378, 422

tax, 28

Sebastian Brigham captain, John Reming-
ton lieutenant, approved, &c., . . .110
Thomas Miller licensed to draw wine at, . 110
Carlton, Parrot, and Boyce local magis-
trates, 127

way from Andover to, to be set out, . . .140
one fifth of Plum Island granted to, . 153, 180
five hundred acres of land laid out on the

south angle, 272

to make highway towards Andover, . 282, 283

highway to Andover, &c., 305

grant of five hundred acres of land located

near Andover, 307

and Newbury, order concerning boun-
daries, 350, 351

and Hampton highway, 389

and Newbury boundaries, committee ap-
pointed to fix, 395, 396

and Newbury, return of committee, con-
cerning their bounds, 404

Roxbury, 1, 9, 29, 57, 62, 66, 84, 118, 121, 137, 138,
' 147, 183, 18.5, 200, 203, 220, 238, 246, 259,
297; 321, 340, 347, 373, 377, 378, 422.

tax, 28

to have a large gun in place of the drake

granted to Dedham, 301

military officers, 327

several of the inhabitants of, object to the

choice of Captain Johnson, .... 327
Rucke, Thomas, vx. James Wale concerning

a sawmill : judgment for defendant, . 409

Mr ' 219

Ruddock. John, 234

paid for horse hire to Manhatos, . . . .347
abused by his servant, James Rose. . . .395

Rules and orders of the House of Deputies, 2, 3, 4, 7

Rumney Marsh, 252

Russe, John, half his claim paid for ferry-
ing magistrates, &c. ; Dover to pay

the other half, 15

Russell, John, 80

clerk of the writs, 31

John, Jun., 80

Richard, 65, 79, 94, 105, 149,232, 267, 395, 418,
419, 424, 434
Treasurer, petitioner concerning ship

Guilbert,. . . . : 30

and Major Robert Sedgwick farmers of

wine duty, 142

and others, bond for customs of \vincs, . 150
on committee to settle with the vintners, 218
granted eighty-five pounds fifteen shil-
lings one penny, for services as Treas-
urer, ..." 219

reimbursed twenty pounds for loss on

law books, 232

special commissioner to hold Courts in

Charlestown and Maiden, 423

granted five hundred acres of land for

service as Treasurer, 430

speaker pro tern., 132,209

chosen speaker, 340

deputy, 62, 121, 182, 220, 258, 297, 340, 373,

422

chosen Treasurer, 9, 61, 105, 121, 147, 182,

220, 258, 296, 340, 373, 422

j\Ir., 351, 378

Rust, Henry, to record marriages, &c., at Hing-

ham, 30

Rutherford, Mr., 344

Sabbath, laws against being absi-nt from wor-
ship on the, explained, 160

fine of master of Dutch ship abated, on ac-
count of ignorance, for firing in the

harbor on the, 132

penalty for profaning 316,317

Saco, 361, 386

government established at by the commis-
sioners sent to Maine ; signatures of
those made freemen under Massachu-
setts laws ; made a township ; titles
confirmed ; commissioners of small
causes to be appointed by County
Courts; attached to York county;
Ralph Tristram constable, William
Scadlocke grand juryman and clerk
of the writs; Richard Hitchcock mil-
itary officer; Robert Booth authcri/cd
to preach : George Barlow forbid
preachinii: ordered to make fiiirli-
«v.v» 33-'— 3.59

494

GENEBAL INDEX.

Sacononoco, Sacoronoco, . 38

Rhode Island warned not to injure, . 196, 197
and Porahom, complaints from, concerning
molestation by Indian neighbors, . . 11
Saddler, Abiel, John Cheney guardian of, 364, 365
Sagamore George, twenty acres of planting land
to be allotted by Keayne and others
claiming his land, or to be allowed

his action at law, 252

Saint Aubin, , 29

Sailors not to be sued for debts contracted for

intoxicating liquors, 184

Salaries, magistrates of ten years' standing al-
lowed thirty pounds per annum; new,

allowed fifteen pounds, 320

Governor allowed one hundred and twenty

pounds per annum, 320

secretary allowed forty-five pounds per

annum, 320

judges, &o., allowed the fees of Courts, . 320
Salary of Governor, one hundred pounds, . . 14
of Governor, for 1645, sixty pounds, ... 84
of Governor, for 1646, one hundred pounds, 113
of Governor, for 1647, one hundred marks, 124
of Governor, one hundred marks, . . . .185
of one hundred marks granted to Governor

Dudley, 226

of secretary forty pounds and fees, . . . 246
of surveyor general, five pounds per an-
num, 248

of Governor, one hundred marks, .... 276
of Governor, for 1652, one hundred pounds, 300
of clerk of deputies, sixteen pounds per

of Treasurers of the country and several

counties, five per cent, of receipts. . . 342

of clerk of House of Deputies, 360

Salem, 1, 5, 9, 15, 62, 66, 121, 124, 147, 182, 191,
220, 248, 258, 275, 284, 297, 340. 354, 373,
378, 422, 423.

tax, 28

to provide two drum.s, 28

Court continued under same magistrates, . 30
associates of, to continue in office, . . 50
Hawthorne captain, Lathrop lieutenant, . 66
granted two barrels of powder, .... 70
highway and landing changed from Bass

River to Draper's Point, 154

Court, Captain Hawthorne and Emanuel

Downing appointed associates, . . .162
meeting of deputies at, concerning elec-
tions, 180

committee of militia, 268

released from payment for one barrel of

povi'der, 286

Courts, 63, 140. 224, 433

Salisbury, 1, 10, 12, 62, 109, 121, 136, 147, 183, 220,
259, 272, 297, 340, 345, 373, 381, 388, 395,
422, 423.

tax, 23

Samuel Dudley, Mr. Winslye, and Robert
Pike appointed to end small causes
at, 12

Ralph Blesdall licensed innkeeper, ... 63

Samuel Dudley, Batf, and Robert Pike ap-
pointed to end small causes, .... 108

ferry, 112

Samuel Dudley, Christopher Batt, and
Robert Pike local magistrates, . . . 123

Court to be kept by Dover magistrates, . 127

an island in Merrimack River granted to,

and authorized to keep a ferry, . . .130

and Newbury ferry to be kept by Carr and

Coffin severally, 155

House of Deputies exempts new town of,
from paying ministerial taxes in old,
in order to settle a minister in the new
lown ; the Magistrates non-concur,
and the matter referred to the ne.xt
General Court, 160

the shire town of Norfolk, 171

and Haverhill, boundaries between, com-
mittee appointed to settle, . . . .186

Court adjourned on account of Indian trou-
bles, 310

Christopher Batt plaintiff against; judg-
ment for defendant, 329

and Haverhill, dispute concerning lands, 341,
349
correction of mistake as to their bound-
aries, 365

petition concerning bridge over Merrimac

River, 381

and Hampton boundaries, 395

bounds to be settled, 403

new commissioners appointed to settle

boundary between, 420

new committee appointed to settle boun-
daries, 432

Court, 136, 164, 273

judgment rendered by, against Isaac

Boswell, annulled, . 322

Salt, committee appointed to contract for a sup-
ply of, 374

patent granted to John Winthrop for mak-
ing, 400

work to be set up by John Winthrop, Jun., 126

to be set up at Cape Ann, 275

Saltonstall, Soltonstall, Sir Richard, 14, 50, 66, 83,
106

allowed claim of one hundred pounds ;

granted land for stock, . . . . 47, 48

GENERAL INDEX.

495

Saltonstall, Sir Richard, one thousand acres of
land conveyed to his son, and by him
to Adam and Deane Winthrop. located
at Andover. on their petition, . . . 106
Richard, 39, 44, 53, 83, 164

charge of kidnapping or other miscon-
duct, on Guinea Coast, brought against
Captain Smith and Keyser, by, . . 46

commissioner to England, 1645, ... 48

e.xecutor of Mr. D'Uingham, deceased,
his accounts to be e.\amined, &c., . 52

fine of fifty shillings for absence re-
mitted, 145

chosen Assistant, . 2, 9, 61, 104, 121, 146

chosen commissioner in reserve, . . .121
Mr. [Richard], 7, 18, 37

oath of Assistant to be administered to,
by Mr. Symonds, 125

going to England, 171,180

Robert, 48, 106

for his father Richard, allowed to hold
such lands in Watertovvn as he has
mowed for four years, 14

to be repaid two hundred and sixty-
three pounds by Edward Gibbons, out
of proceeds of cargo of ship Guilbert, 32

to be paid the claim of his father, . . 50

and Mr. Humphrey, committee on ac-
counts between, 52

land about Connecticut Falls granted to
in behalf of his father, 66

mortgage of Wonnerton's house to, de-
clared prior to Shuite's, and valid, . 88

allowed to bring suit for lands in Do-
ver, &c., 133

is desired to locate his former grant,
and submit the same for confirmation ;
concerning the right of the patentees,
referred to the ne.\t General Court;
granted a hearing between him and
Mr. Sellick upon giving security for
costs, &c., 165

allowed to sue and recover what he
can legally prove to be his, . . . .177

three thousand acres granted to, for his
father's four hundred pounds stock, . 194

deceased, Thomas Eldridge allowed to
bring an action of review against ad-
ministrator of, 226

.'Saltpetre, order concerning making to be en-
forced, 27

Samuel; John, authorized to e.\change land be-
longing to his children, 420

Sanbourne, Sanburne. John, 253, 367

Sandwich, 193

.■^andv Point; 410, 411

Saucer, Benjamin, 363

demanded of Major Sedgwick, command-
er of the fleet, 368

Saunders, Sanders, Charles, petition for ap-
praisal of tackling, &c., of the ship

that was blown up, 161

to answer complaint of Richard Carter, . 232

Edward, 364, 389

John, 166,333,336,362,363

deput}-, 340

Martin, 67

Savage, Thomas, ......... 267, 285

chosen commissioner of Boston, . . . . 293

deputy, 340, 373, 422

Captain, 351, 367, 376, 423, 424

Sawyer, Thomas, 302

Scadlocke, Seadlocke, William, . . . 336, 337
Scarborough, John, ........... 84

Mary, of Roxbury, authorized to sell her
late husband's lanil, giving security
for the, maintenance of tlie children, . 84
School, free, petition of Dorchester in aid of, . 139
Schools, teachers of, not to be of unsound faith

or scandalous lives, 343, 344

Scituate and Hingham, settlement of bounda-
ries by commissioners of Plymouth
and Massachusetts colonies, . . 437, 438
diflerences concerning Conihasset mead-
ows referred to commissioners of

the United Colonies, 236

Scot, , 131

Scotland, England, and Ireland, day of humil-
iation appointed in respect of, . 233, 239
Scotchmen, to be enlisted in the militia, . . 268
servants, pethion for freedom, denied, . . 381
Scotto, Ensign, and others, authorized to ship

a cargo to Monsieur La Tour, . . . 304
Scriptures, Holy, deniers of the inspiration of,

to be put to death, 101

deniers of, to be fined not exceeding fifty
pounds, or whipped not more than
forty stripes; for second offence, to

be banished or executed, 259

Seaberie, John, sale of house of, to Alexander
Addams, by John Milam, &c., con-
firmed, 256

Seaconck. 174

Seal of the colony, fees for affixing, five shil-
lings, paid to Governor, 241

Seal of a will accidentally torn away, the will

declared to be authentical without it, 292
Search warrants for stolen goods, . . . 262, 263
Secretary, two record books bound with vellum
to be provided for; directions to con-
cerning journals, &c. ; allowed twenty
marks per <

496

GENERAL INDEX.

Secretary, fees of,

proposal that choice of, be left with the

General Court,

duties of, concerning bills passed, . 183,
to send copies of the laws to clerks of

Courts,

and cleric of the House of Deputies, to
enter letters of importance upon

record,

allowed forty pounds per annum and

fees,

paid for writing for the commissioners of

the United Colonies,

salary of,

to be paid for powder expended at Gov-
ernor Dudley's funeral,

to return to auditor transcript of fines, &c.j

due,

order directing transcribing laws repealed ;
allowed ten pounds in lieu of fees for

the same,

Increase Nowell, chosen, . 2, 9, 61, 104,
Edward Rawson, chosen, 182, 220, 258,
340, 373,
pro tern., Major General Denison chosen,
Sedgwick, Seduike, Sedjuke, Robert, . 51,
commissioned to preserve order in Charles-
town and Harbor,

and Richard Russell, farmers of wine

duty,

bond for customs of wines,

fined five pounds for absence from Court,
payment for powder remitted to, ... .

fine for absence remitted,

demand on, for surrender of Benjamin

Saucer,

chosen major general

Major, 3, 64, 123,

deputy, 1, 121,

Major General, 277,

Seeley, Richard,

Selectmen, enjoined to promote and oversee
the raising of sheep, flax, &c., and to
order spinning, weaving, &c., in every

family,

Sellick, Sellecke, Sellake, Sellack, David, . .
Mr., settlement of dispute concerning ship

Rainbow,

a hearing in the case between him and
Robert Saltonstall granted, ....
fine for bringing Irishmen ashore re-
mitted on conditions,

Selwith, definition and value of. required, . .
Sergeant majors, an order about choice of,

&c., 32-

Servants and children, order concerning, . .

' Sewall, ( ,) having execution against Fox-

I croft, David Yale, agent, ordered to

produce property of said Foxcroft, or
be personally responsible, .... 4

I Mr., 305

Shapleigh, Shapley, Nicholas, . . 307, 308, 402
allowed to come into the jurisdiction, and

to collect his debts, 295

to hold Courts in the county of York, . . 308
and Robert Knight, judgment of Court of
Assistants reversed so far as it re-
spects Mr. Shapleigh, 309

Treasurer of Y'ork county, 339

case with Hugh Gunnison referred to com-
mittee, 346

appointed military officer, pro lem., for

Yorkshire, 409

surveyor and draughtsman for committee

on bounds of Salisbury and Hampton, 432

Sharpe. Abigail, 115

Shaw, John, 420

Roger, 226, 231, 240, 369

having paid for powder for Hampton, is
authorized to collect the same from

inhabitants of that town, 253

constable of Hampton to levy and pay, 274
authorized to sue the late constable of
Hampton for eight pounds two shil-
lings sixpence, &c., . « . . . 290, 291

deputj', 220, 259, 297

Shawomet, Shovpamet, Shawwamett, . 96, 198, 201
Providence having attempted to collect
taxes of Arnold and others at, the
General Court sends to Rhode Island

[ forbidding such levy, 228

! and Pautuxit, 145, 196

] committee to agree with the General

j Court of Plymouth as to title to, . .198

I committee to treat with Gorton's company

I concerning title to, 202

4o belong to Suffolk county, 201

Shawshin, petition for locating Governor Win-

throp and wife's grant at, 290

granted additional territory, and made a

town by name of Billerica, .... 387
and Cambridge, agreement between, con-
cerning taxes, &c., 390—392

Sheep, encouragement to raising ; order con-
cerning commons for, 133

penalty for molesting by dogs, &c., . . . 134
encouragement to raising of; not to be ex-
ported, 355

raising of, under supervision of select-
men, 397

law of 1654 against killing rams or wclliers

under two years of age repealed. . . 424

<:i-:ner.\i

Shepaid, Sliepherd, .Shepheaid, Slieppaiil, Alar-

garet, widow of Rev. Thomas Shepard, 192
married to Rev. Jonatlian Mitehel, . . . 225

Samuel, deputy, 9, 39, 44

excused from attendance on General

Court, going to England, 52

Thomas, 26

pastor of Cambridge church, deceased,
sale of certain lands of, authorized on
petition of Daniel Gookin and Edward

Collins, e.\ecutors, 192

of Cambridge, deceased, deed confirmed

on petition of executors of, ... . 225
deceased, his children to be educated, . 225

Mr., 10, U, 15

Shephardson, Sheepheardson, Daniel, deceased,

settlement of estate of, 112

Sherborn, Siierburne, Henry, 354

associate at Strawberry Bank, 293

administrator of Ambrose Gibbons, . . . 429

Samuel, 429

Sherman, John, 70, 234, 300, 304, 321, 377,380, 384,

406, 408, 412, 428

allowed to buy land from Hermon Garret, 226

clerk of the writs, 52

forfeiture of thirty-five pounds for Robert

Palmer respited three months, . . .190

appointed surveyor of north boundary line. 28S.

329

deputy, 220, 297

Sergeant, 290. 294

Mr., 419

Samuel, deceased, order concerning es-
tate of, 274

Mr., 219

Sherwood, Hugh, authorized to draw wine at

Haverhill, 109

Shewill, Mr., 305

Shilling, 283

Shipmasters bringing strangers enjoined to aid
in enforcing the laws concerning their

reporting themselves, 205

Ships not to fight in our harbor, 16,17

to depart for England, November, 1646, 79, 85

Ship Tavern, 352

Shires, see Counties.

Shirley, Sherly, Mr., order providing for pay-
ment of, l-l-*

Shoals, Isle of, 288, 289

Shoemakers of Boston incorporated, .... 132

Shohomogomocke Hill, 434, 435

Shore, Sampson, 193

Short, Shorte, Henry, 64. 349. 365

of Newbury, authorized to collect rents
due toStephen Dumraer- now in Eng-

• land, iy2

VOL. III. 63

, INDEX. 497

Shovelboard, Shotlleboard, or Shuffleboard,

game of, prohibited, 114

Showanon, sagamore of Nashaway, deceased, 365,
366

Shrimpton, Henry 405

order on petition of, in behalf of John

Bland, us

executor of Digory Carwithen, , . . . 322
Shurte, Mr., mortgage to, of VVonnerton's house

invalid, 88

Silver not to be exported, ...... 353, 354

Skinner, Thomas, licensed, on petition of inhab-
itants of Maiden, to keep an ordinary, 277
Skipper, William, deceased, Mv. Cotton and
I\Ir. Cobbet appointed administrators
on petition of Zachary Phillips, and
wife, daughter of said Skipper, . . . 218

Slander, lying, &c., law against, 18

Slate Island granted to William Torrey. . . .218

Smith, Smyth, Daniel, 384, 402, 403

Edward, 135

Francis, 80, 123, 159, 219

allowed to sell wine at Reading, . . . 125

George, 69, 82

associate, 273

Henry, 292, 352

appointed to govern the inhabitants of

Springfield, to try all cases, &c., . . 230
dismissed from the General Court on his

request, 230

deputy 221

deputy for Springfield, has leave of ab-
sence, 248

Hugh, petitioner concerning the probate of

Thomas Elthroppe's will, 346

John, 90, 330, 409

chosen quartermaster. 286

and Mr. Fowle appeal from the judg-
ment of the General Court to the com-
missioners for plantations in England, 89

fined forty pounds, 94

second fine, 113, 114

of Charlestown, fine for selling strong

water abated to ten shillings, . . .402
letter from, defending inhabitants of
Warwick against charge of molesting

Indians, 162

of Saco; 337

Lawrence, authorized to bring action in

inferior Court for loss of an apprentice, 350
Michael, fine for putting in three beans for

one magistrate remitted 106

Nathaniel, deceased, will of, having been
proved at the Prerogative Court in
England, is allowed by the General
Court 249

498

CENEUAL INDEX.

Smith, Nathaniel, Nathaniel EJwarJsi admin-
istrator on estate of, 2-19

Thomas, 5, 31

Mr, . . . 30, 69, 83, 414

clerk of the wi'its at Dover, 83

Captain, 49

and Mr. Keyser accxised of kidnapping,

&e., 4G

Mr., to pay twenty nobles for the time con-
sumed by his cause, 51

Captain, allowed damages against Mr. Key-
ser for bringing away ship Rainbow
from Barbadoes — damages for goods —
none for negroes, they being stolen, . 58

Soldiers, 42

South Spring, 330

Southwick, Lawrence, answer to petition of, .131
Spathawk, Sparhawke, Sparahauke, Sparow-

hawke, Sparowhauke, Nathaniel, 29, 207
deceased, feoflees of estate of,. in trust, au-
thorized to sell, 207

Mr., 4, 11, 50, 79,85

deputy, 1, 10, 39, 44, 62, 105

Sparrill, Christopher, 338

Speaker of House of Deputies allowed the cast-
ing vote, 19

See House of Deputies.

Spinning, weaving, &c., 396, 397

Sprague, Sprauge, John, 330

Lieutenant, 6, 10, 155, 159

deputy, ], 9, 39, 44

Sergeant, accepted as ensign, 84

Springfield, .... 89, 147, 183, 221, 259, 297
collection of duties from, by Connecticut,

at Saybrook, 151, 152

to be e.vempted from taxes on payment of
fifteen pounds yearly ; ten pounds to be
allowed for the bridge mentioned in

its petition, 154

Henry Smyth appointed magistrate for;

appeal allowed to Court of Assistants, 230
allowed to send a deputy, or not, to the

second session of each year, . . . 254
commissioners of justice, &c., for, (John
Pinchon, Elitzur Holyoke, and Samuel

Chapin.) 292

special commissioners authorized to ad-
minister freeman's oath to inliabitanis, 306

loaned a gun, 306

petition of inhabitants concerning grant of
land for two new plantations ; Pin-
chon, Holyoke, and Chapin commis-
sioners to divide, 308

former commissioners continued, . . 351, 352 ;

new plantation, report of commissioners to '

divide lands, 360

Springfield, commissioners to administer oaths
to the commissioners and constable of

Nonotucke, 378

and Northampton, being remote, constables
to assess ta.xes in case Treasurer's

warrants do not arrive, 400

commissioners to administer oaths to the
commissioners and constables of

Northampton, 414

Squamscott, report of committee appointed to
divide the patent of, and to settle
claims concerning Dover, . . 409 — 412
petition of Thomas Wiggin for land at. 301, 302
felling wood, &c., at, forbidden, .... 302
and Dover, committee appointed for divis-
ion of land at, on petition of Thomas

Lake, 394

Squamscott House, 410

Stagge, Captain, commissioned by Parliament,
seizes the ship Mary, of Bristol, in

Boston harbor, 31

Staines, Richard, 295

Stanfast, Barnabee, master, 202

Stanion, Anthony, 64

deputy, 340

Mr., 395, 415

Starbuck, Edward. 82, 379

deputy, 62

of Dover, an Anabaptist ; depositions to be
taken at Dover to be used on the trial

at Boston, 134, 135

Starre, Comfort, 195

Stebbins, Martin, 428

licensed innholder, if Boston approves, . 296
pefition for remission of fine fur brewing

without license, 323

Stebens, John, of Andover, 349

Stedman, Ensign John, 47

Sterne, John, 392

constable of BiUeriea, fine for not warning

freemen for election, &c., remitted. . 431
Stevens. Steevens, Stephens. John, . 233, 349, 365
William, to end small causes at Glouces-
ter, .109

deputy, 2, 3. 297

Mr., of Gloucester, 5 — 7

chosen deputy from Gloucester, ... 3
Stewards, two, to be appointed to provide board

for the deputies, 122

servants of, granted gratuities, .... 203
Stileman. Elias, petition for wine license re-
ferred to Salem Court, 304

Stilson, William, clerk of the market 103

Stoben. Martin, sale of land to, confirmed. . . 140

Stoddard, Anthony, 187, 190, 218, 244

deputy, 183

CEXEKAL INDEX.

499

Stoddard, Anthonj-, \villi siirvpyor crenpral, ap-
pointed to repair prison at Boston, .218

house and land confirmed to, 238

commissioner for Boston, 2y3

Mr., 366

Stone, John, 70

of Sudbury, petition for confirmation of

title and for land, 404

Stone's Meadow, 273

Stoniard, Stonyard, John, 177

Margaret, authorized to sell estate of her

deceased husband, 177

Stoughton, Israel, bond from, transferred by

Johnson to VVinthrop, 13

suiTeyor general authorized to inquire as

to bill due from, 15

committee appointed in the House of

Deputies to collect debt due from, . 30

legacy to Harvard College, 207

Mrs., to be discharged the claim from her

husband upon giving security, &c., . 50
nineteen pounds sixteen shillings and
nine pence due from her husband,

remitted to, 64

to maintain only a foot bridge over Ne-
ponset River, 345

Elizabeth, confirmation of sale to John

Milam, of Boston, 197

Mr., 50

Stoughton's mill, 376

Strangers, actions at law by, 202

npon arrival, to report themselves to Gov-
ernor and council ; former law con-
cerning entertaining. &c., put in force, 205

law concerning reporting themselves, &c.,

revived, 245

residing two months to take the oath of

fidelity, • 263

towns have liberty to prevent the coming

in of, 376

Strawberry Bank, 2, 10, 53, 62, 124, 140, 273, 276.
277, 297, 410, 412

and Dover, to be sent to for what they owe

for deputies' charges, 47

township laid out, and boundaries e.v-

tended, 251

Captain Wiggin, Ambrose Lane, B. Pen-
dleton, and Henry Sherbourne ap-
pointed to hold Court at, 251

committee appointed on their petition for
land ; judges of Dover Court asked
to hold Court at, till the town shall
choose for itself, 277

allowed to send one deputy, 286

petition for enlargement referred to next

General Court, 293

Strawberry Bank, H. Sherbourne and R. Fer-

nald associates of Court, 293

denied petition concerning choice of

magistrates, &c., 304

military officers presented by, may be
confirmed by the Court there or Dover
Court, 304

to be called Portsmouth, 309

limits defined, 309

Stray and lost goods, wrecks, &c., to be taken

care of by auditor, 55

Sudbury, 1, 10, 13, 38, 39, 62, 121, 147, 155, 183,
221,235, 246, 259, 297, 340, 348, 354, 378,
400.

tax, 28

Mr. Noyce, Waller Haynes, and William
Ward, appointed to end small causes
at, -.12

twenty pounds granted upon finishing

bridge and road towards Nashaway, . 15

Hugh Griffin, clerk of the writs, in the

room of Walter Haynes, 31

William Pelham captain, Edmund Good-
enow ensign, 42

fi'ee from making saltpetre, 66

Captain Pelham, William Ward, Edmund

Rice, appointed to try small causes at, 66

Edmund Rice, Edmund Goodenow, Wil-
liam Browne, commissioners to end
small causes ; Peter Noyce, appointed
to marry, 130

boundaries extended two miles west, not

to prejudice William Browne, . . . 159

petition for recording boundaries of,

granted, 191

and Watertown, committee appointed to

lay out boundaries between, . . . 214
boundaries between, settled, .... 233

grant of territory westward, having been
surveyed by Captain Willard, is con-
firmed by General Court, 248

records, secretary ordered to give the book
of, to the deputy, to be given to the
recorder for JNIiddlesex, . . . 275, 276

ordered to make a cart way to Lancaster, . 303

and Lancaster to lay out highways, . . . 303

committee appointed to settle differences

at, 379, 380

petition of inhabitants for land six miles
square for new town granted, with
provisoes ; Captain Lusher, Mr. Jack-
son, and Mr. Child to locate the grant, 403

report of committee of (Jeneral Court con-
cerning disputes in ; concerning title
to ministers house, common pastures,
custody of town book, &c., . . 406 — 108

500

C.ENEIIAL INDEX.

Sudbury, names of inhabitants approving re-
port of committee, -JOO

to pay John Parraenter for entertaining
council, and committee appointed to

end its differences, 421

Suffolk count)', 377, 424

committee in, to draw up a body of laws,

&c 26, 46

to include Shawomet and Pawtuxet, . .201
and Middlesex, jurors to be summoned
from, to attend at the Court of Assist-
ants, 243

recorder; Edward Rawson instead of Wil-
liam Aspinwall, 258

Court, adjourned on account of session of

the General Court, 248

adjourned to November 16, 1652, . . . 287
law concerning settlement of estates of

persons dying in. 280, 281

probate of wills in, 281

regiment, cavalry of, 286

persons in, licensed to sell wine, &c., to

the Indians. 369

several ministers of. to attend the synod at

Boston, 419

Summers Islands, see Bermuda.
Sumptuary laws, persons of inferior condition
and education forbidden to take upon
them the garb of gentlemen; per-
sons worth less than two hundred
pounds not to wear gold or silver lace,
or buttons, silk hoods, or scarfs, or
great boots, magistrates, soldiers, and
persons once wealthy, excepted, . . 243
law amended by inserting "silk hoods or
scarfs,"" accidentally omitted, . . .261
Surgeons, order forbidding cruel and unauthor-
ized experiments by; names of dis-
sentients to this order, 153

SuiTeyor general to deliver to Mr. Bellinghara
a gun loaned by him to the common-
wealth, 51

of army allowed ten pounds for his lour

years' services, 160

Roger Shaw arrested by, for powder due

from Hampton, 253

of arms, proposition (from Boston) to
choose annually, referred to next ses-
sion, 300

Swampscoate, 64

Swayne, Richard, 159

denied further hearing concerning land,
referred to County Court if he have

other cause of action 405

Swearing, law.s against. .... 100, 201, 205
Swedes.^ '. 179

Sweet, Benjamin, 367

chosen ensign, 254

Swift, widow, 66

Swine, trespassing through fences approved by
fence viewers, owners held accounta-
ble for damages, 241

Symkins, Nicholas, 51

Symmes, Symms, Mr., 419

Symonds, John, 276

Samuel, . . .39,44,53,164,217,311,429

Assistant, 2, 9, 61, 105, 121, 182, 220, 258,

296, 339, 372

Mr. [Samuel], . 30, 46, 75, 129, 171, 180, 237

Assistant, 422

to administer the oath of Assistant to

Mr. Saltonstall. 125

granted five hundred acres of Pequot

land, near Mr. Wilson's, ..... 126
fine of fifty shillings for absence, re-
mitted, 145

to hold Courts in Norfolk, . 164,226,381
granted three hundred acres of wood-
land beyond Merrimac River, pro-
vided he set up a sawmill within

seven years, 256

granted five hundred acres of land for

service in Maine, 339

to prepare laws for printing, .... 342
grant of five hundred acres of land or-
dered to be located, and proviso as to

sawmill rescinded, 350

to hold Courts in Yorkshire, &c., . . .380
three hundred acres of land, part of for-
mer grant, located east of Connecticut

River, 430, 431

Synod at Cambridge, called, 1646, . . .70—73
platform of church discipline frametl by, . 177
of divines, to be held at Boston, (proposed
by letter from Hartford, Connecticut,)
to settle certain questions, 1656, . . 419
eminent ministers of Massachusetts, ap-
pointed from three counties, to meet
those of other colonies ; R. Turner ap-
pointed to entertain the, 419

Tadmucke, 406

Tax, six hundred and sixteen pounds fifteen

shillings, levied, 27

cattle offered in payment to be appraised

by indifferent men, 27

proportions of each town's rate, .... 28
six hundred and sixteen pounds, (for Nar-

ragansett expedition.) 40

upon polls to be twenty pence, .... 320
Taxes, property of Assistants excepted for three
years from, to the amount of five hun-
divd pounds. 13

GENERAL INDEX.

501

Taxes, may be paiil in produoe. at ioriner rales, 87

law to secure uniformity in assessment of, 87

poll, levied, (twenty pence,) 88

also income tax upon laborers and trades-

men, 88

valuation of property and census to be
made, for making equal directions for
assessment and collection; prices of

of produce for, 116 — 118

magistrates exempt from, except for sup-
port of ministry, 125

agency for assessment. 129

See County Commissioners, &c.
received in produce (wheat five shillings,
rye four shilling?, maize three shil-
lings), 136

wampum not to be received for, . . . .167
wheat, &c., received for, (wheat five shil-
lings, barley five shillings and six-
pence, peas and rye four shillings, In-
dian corn three shillings,) 172

may be paid in produce at fixed rates, . .212
assessors authorized to lay, for property
not visible, at their pleasure, to be
abated upon application and proof, . 221
for 1651 to be increased fifty per cent., . . 221
paid in produce at specified prices, . . . 245
to be paid in produce, wheat and barley
five shillings, rye and peas four shil-
lings, corn three shillings, &c., . . . 284

valuation of horses for, 298

the Uisual poll and per cent, doubled, . . 299
payable in produce at certain rates, . . . 359
augmented one fourth, payable in produce, 394
law for equalizing assessment of, fi.ving

certain scales of valuation, &c., . . 426

Taylor, Henry, 140

Thomas, of Watertown, purchaser from

daughter of Ralph Root, 181

Tedd, John, petition concerning adventurers'

stock ; allowed land for the same, . .122
Tender for money obligations, law making

produce, repealed 69

produce not legal, except by agreement, . 354
Terne, Miles, sale of wife's childrens' land

confirmed, 294

Thacher, Mr., 419

Thanksgiving appointed June 11. 1646, for great
victorious mercies to our dear native

country, &c., 75, 76

the Court of Assistants authorized to ap-
point a day of, 1^5

Thatch, order concerning, 181

Thinge, Jonathan, . . . 332, 333, 336, 361, 386

Thomas, Evan, 309, 360, 361

Thorlye, Richard, 305

Thurley, Richard, authorized to lake toll on

his bridge over Newbury River, . . .345

Thurston, Daniel, Jun., 367

Captain, John Beckett, and others, petition-
ers against, 322

Tibbot, Tybott, Waller, allowed to sell wine at

Gloucester, io7

licensed, 109

deceased, 1651, will of, being lost, an attest-
ed copy admitted to probate, .... 290
Tiles, regulations concerning digging earth for

making, 102

Tilley, William fine abated to forty shillings, 154

Mrs., 208, 209

of Boston, answer of General Court deny-
ing the release of, on petition of in-
habitants of Boston, 197

petition of inhabitants of Dorchester for

release of, denied, 208

Time unprofitably expended by tobacco takers, 68

Titcombe, William, deputy, 373

Title to real estate, 422, 423

Titles, 281, 282

Tobacco, order against smoking, from danger

to woods, &c., fiS

in General Court room, 83

Tomlins, Ensign, 7

deputy, 1

appointed messenger to Narragansetts, and
granted leave of absence from the

House of Deputies, 3

Tompson, Alice, 3

Anne, appointed administratrix of Simon

Crosby's estate, 256

David, possession of Tompson's Island,

A. D. 1626, 120

John, son of David, deceased, Tompson's
Island granted to, in right of his fa-
ther, who settled in 1626, 129

attached to answer in suit for Tompson's

Island by Dorchester, .... 202, 203
Dorchester demandant against, for
Tompson's Island ; verdict for de-
fendant, 217

fine abated one half, 304

Tompson's Islaird, 129, 139

claimed by Dorchester, trial of title referred

to the next session, 202

at the trial, the Court found for the de-
fendant, John Tompson, 217

Indian claiming, referred to Court of law, 364

Toppan, Abraham, 278

Topsfieid, formerly Ipswich New Meadow.?, . 139

incorporated, 217

Torrey, Tory, William, 380, 438

deputy, I; 10; 39, 44. 121, 147

502

GENERAL INDEX.

Torrey, William, granted leave of absence, . . 156
chosen clerk of the House of Deputies, 183,
221, 259, 297, 340, 373, 422
granted four pounds for services as clerk, . 158
granted Slate Island for services as clerk, 218
clerk of the writs at Weymouth, . . . .218
clerk of the House of Deputies, salary six-
teen pounds, 340

appointed special commissioner to hold
Courts for Hingham, Weymouth, and

Nantasket, 423

Mr., 4, 12, 46

Lieutenant, to take care of the company at

Hingham, 27

chief military ofljcer in Hingham, . . 43
discharged from exercising the military

company in Hingham, 65

to end small causes, 94

clerk of the writs, 94

Tower, Tour, Towres, Toweres, John, 17, 21,23, 24, 26
Town ammunition, inhabitants removing, not

authorized to draw a share of, . . .219
officers need not be restricted to freemen, . 109
Towns, order by House of Deputies that pre-
cedence be given by date of incorpo-
ration of, 2

to bear their share of expenses of board of

the General Court, 16

liability of, to maintain highways and

bridges, 144

ordered to provide powder, &c., . . . .169
secretary directed to send the law con-
cerning providing ammunition to the, 187
selectmen desired to look to moral and re-
ligious qualifications of teaeher.s, . . 344
requested to appoint each a collector of

donations to Harvard College, . . . 348
negligent in sending votes for nomination
of magistrates to be fined, &c., at

County Courts, 413

of not more than thirty freemen at liberty
to send a deputy, or not ; but, send-
ing, to bear their expenses, .... 320

Toy, William, 27

Trade, select council appointed to consult for
the improvement of, (Duncan, Brough-
ton, Davison, Russell, Clarke, and

Savage,) 267

with Dutch, law against, repealed, . . . 354

with Indians, committee on, 14

Trading Company incorporated, (Saltonstall,
Bradstreet, Symonds, Dummer, Hub-
bard, Hawthorne, and Payne.) ... 53

Traske, Captain, G6

grant of two hundred and fifty acres of land

located, 141

Treasurer, fonner committee not having acted,
a new committee appointed and or-
dered to settle with. 187

to pay fifty pounds to Mr. Pococke's agent, 255
and auditor, committee appointed on ac-
counts of, 277

order concerning making out and exami-
nation of accounts of, 317

to collect fines returned on transcript of

secretary or clerk, 341

further time given to committee appointed

to audit accounts of, 342

committee appointed on accounts of, . . 368
committee appointed to take account of,

(Gookin, Norton, and Clark.) . . . 400

chosen, William Tyng, 2

Richard Russell, 9, 61, 105, 121, 147, 182,
220, 258, 296, 340, 373, 422
Treasurer's account to be taken by auditor and

Captain Tyng once a year, .... 129
Nowell, Keayne, and Tyng appointed com-
mittee on, 155

Treasurers for counties to be chosen, . . . .341
to be chosen on the day of choice of ma-
gistrates ; office of, not to be given to
any county clerk, or recorder, . 398, 399

Tredaway, Nathaniel, 70, 81

Trerice, Captain, 190

Tre.spass by cattle, 107

by use of horses without leave, to be pun-
ished, 114

by cattle, order concerning, 186

rule of Court as to damages under forty

shillings, 212

Tristram, Ralph, 336, 337

Trott, Simon, 338

Trumbull, Trumble, John, sale of land to. con-
firmed, 414

of Rowley, petition for remission of fine
for not proving a will, referred to Ips-
wich Court, 433

Truslar, Thomas, clerk of Salem market, ex-
cused from fine, 214

Tucker, Robert, 290

deputy, 259

Blr., 390

Turbat, Peter, 338

Turner, Lawrence, 350

Robert, 132

his petition for si.xteen pounds granted,

with a proviso, 1 1

his- claim paid, with allowance of eight

per cent., 50

to be paid fifty pounds in wampum, . . 66
agreement with, in relation to sale of
wine, 1-18

GEXEKAI- INDEX.

503

Turner, Robert, to be paij for eiitertaiuiiig the

council in Mr. Norton's case, . . .

appointed to entertain tlie synoii. . . .

Tuttle, Mr.,

Tyng, Tynge, Ting, Edward, . . 42, 317, 244,
bill of e.xchange cliarged on, transferred to

Stephen VVinthrop,

surveyor general authorized to inquire as

to bill charged on,

committee appointed to collect money due

from, to expend for powder, ....

cho.sen corami.ssioner of Boston, ....

William, V23,

chosen Treasurer,

petition of, for road, granted ; committee

appointed to locate,

to end small causes at Braintree, . . .
and Valentine Hill, review granted of
Thomas Gayner's action against, . .
Captain Robert Keayne and John Mi-
lam ordered to pay fifteen pounds for

two guns loaned,

allowed twenty shillings for wood fur-
nished,

chosen commissioner of Boston, . . .

deputy, 79,105,147,183,

]\Ir., 3, 4, 9,

deputy,

Treasurer,

Captain,. . . . 154,156,157,162,180,
and the auditor to take the Treasurer's

account annually,

Tynker, John,

Uncas, Uncus, 11

Narragansetts warned not to carry on war

against,

aid to be furnished to, in his defence
against the Narragansetts, ....
sachem of Mohegans, Indians desire per-
mission to attack,

Underwood, James,

Thomas, deputy,

deputy from Hingham, e.vcused attend-
ance,

United Colonies of New England, last com-
missioners of, ordered by House of
Deputies to return their commissions

to the General Court,

commissioners of. allowed expenses of

journey to Connecticut,

committee ordered by House of Deputies
to consist of one magistrate and one

freeman,

Mr. Winthrop and Herbert Pelhara com-
missioners, Cooke and Messrs. Haw-
thorne, substitutes,

tini Colonics, commissioners of, ordered to

continue till ne.\t election, .... 27

commissioners of, are desired to meet at

Bo.ston forthwitli, 29

warrant for impressment issued by com-

mi.ssioners of, declared to be illegal, . 39

Captain Robert Bridges appointed to nego-
tiate with Monsieur D'Aulnay in be-
half of the commissioners of, . .44 — 46

census of males between si.xteen and
sixty to be made and returned to the
commissioners for the, 74

committee appointed to peruse articles of

confederation of, 129

answers of the General Court to proposi-
tions of commissioners of, concerning
the Dutch ; concerning power of three
colonies to bind the fourth; concern-
ing Connecticut line, &c., 130

commissioners of Massachusetts to see
that others of the union be provided
with powder. &c., 151

duties imposed by Massachusetts on goods
to and from other colonies, as retali-
ation for those exacted at Saybrook,
by Connecticut, 151, 152

the General Court will take time to consider
whether three colonies shall control
the fourth, 163

commissioners granted to have two armed

Indians, 164

Edward Bendall appointed collector of
customs on goods exported to or im-
ported from the other, 172

commissioners of, writings concerning the, 179

Simon Bradstreet and William Hawthorne
commissioners, 182

duties on trade with, suspended, as Con-
necticut is to suspend duties at Say-
brook, 191

commissioners of, desired to pay part of the
expenses of Edward Winslow, agent
at London, 200

four horses to be impressed for service of

commissioners of, 200

order concerning meetings of commission-
ers, 201

committee appointed to draw up in,struc-

tions for commissioners of, ... . 201

Bradstreet and Hawthorne commissioners, 220

commissioners of, authorized to provide
horses and attendants ; granted^ forty
pomids therefor ; law for impressment
of horses, &c., repealed, 224

Hawthorne and Bradstreet commission-
er.s '-58

504

GENERAL INDEX.

United Colonies, conJucl of commissioners for
Massachusetts approved in regard to
the last meeting at Plymouth, . . . 289
commissioners, Simon Bradstreet and

William Hawthorne, 29G

secretary of Massachusetts paid for clerk-
ship to, 301

commissioners desired to prolong session

till return of messengers to the Dutch, 311
conference desired with commissioners of,
concerning Dutch ; committee appoint-
ed by Court and by commissioners;
advice of the elders asked concerning
war ; question by Court, as to whether
commissioners have power to bind the
colonies to engage in an offensive or
vindictive war; argued in negative;
powers of commissioners discussed,

&c., 311—316

letter from Connecticut concerning powers
of commissioners ; interlocution con-
cerning, 323—328

Simon Bradsti'eet and William Hawthorne

commissioners, 339

report of commissioners to end difference

between, approved, 368, 369

Simon Bradstreet and Major Daniel Den-

ison commissioners, 372

commissioners of, chosen, 26, 61, 104, 105. 121,

146, 182, 220, 258, 296, 339, 372, 422

Unjust laws to be accounted of no force, . . 328

Upham, John, 330

Upper Clapboard Island, 362

Upshall, Nichola.s, 417, 418

Uriah, Joab, charged with guilt in obeying the

command that caused his death, . . 326

Usher, Hezekiah, 206

Vagrants, &c., committee appointed in House

of Deputies to frame bill concerning, 15
to be disposed of by Quarter Court on pre-
sentment, 102

Valuation of property, law for the move uni-
form assessment of taxes according to, 87
of estates, &c., for levy of taxes, . .116 — 118
Venn, Thomas, to have land in proportion to

his father's stock, 8

Venner, Thomas, 13.3

ship released from attachment, in an action
between him and Mr. Gayner, on secu-
rity ofone hundred pound.s being given, 252
Vessels, commanders of, not to be licensed to

make a light in harbor-s, . . . .16.17

Vintners, petition of 135

order of General Court authorizing the
change of ihcir impost iiiloiui annual

Vintners, agreement with, in relation to change

of impost, 148

committee appointed to recover what is
tlue from them to the country, and to

make composition with, 218

petition of, for raising the price of wine,

not granted, 276

Virginia, letter to be sent to Assembly of, . . 30
trade with, prohibited by Parliament, . . 224
in rebellion against the Commonwealth of

Kngland, 240

Wade, Jonathan, petition for part of Plum
Island, for six pounds of stock ad-
vanced by Thomas Wade, of North-
ampton, denied, 154

four hundred acres of land granted to. . . 160
of Ipswich, granted four hundred acres of
land for fifty pounds of stock, to be lo-
cated near Nashaway, 271

Thomas, of Northampton in Old England,
'sixty pounds disbursed b_r, into the

country stock, 154

Waddock, Henry, 336

Wadley, Wadely, John, 333, 334

Robert, 333

Wake, William, 349

Wakefield, John, 383

Waldron, Walderne, Walden, Waldren, Rich-
ard, 82, 346, 411

associate, 273, 308

deputy, 340, 422

excused from attendance on Court, having

been sick, 153

deputy, from Dover, excused from attend-
ance, .431

William, deputy from Dover, engages to
pay his own charges, and for those of

former sessions, 63

deputy, C2

recorder of Dover, 69

deceased, order concerning custody of

papers of, 82

petition of cretlitors of, for ratable divis-
ion of estate of, 120

Captain Wiggin and Edward Rawson
appointed administrators on estate

of, 120

Wisgin and Rawson, executors, paid for
services ; estate intrusted to Hate Evil
Nutter and John Hall, of Dover, . .161
Waldgrave, VValgrave, Thomas, heirs of. . .138
Walker, Augustine, deceased, sale of land by
Bunker and Burt, administrators, con-
firmed 413,414

rent

Kiel

302, 330

GENEKAL INDEX.

505

Walker, Rii-liard, depiily Ii2. 147

Lieutenant, 111. I'M, 215

deputy, 183

granted four pounds lor service witli

Captain Bridge.s, 82

has leave of absence, 155

Captain, claim of, paid, 295

Wall, John, and Henry Grooine, case concern-
ing estate of Nicholas Groome, de-
ceased ; Henry Groome appointed

executor, 255

judgment against, in favor of Thomas

Ford, 255

Walle, Wale, James, 64, 409

Wallice, George, and Samuel Bonnet, settle-
ment of suit between, 431

Walton, Henry, petition concerning powder

seized referred to the Quarter Court, . 156

part of penalty remitted, 192

Wampum, regulations for stringing, anil price, 146

to pass current as usual, .153

not to be received for taxes, 167

War, power of commissioners of United Colo-
nies to declare, 323—328

Ward. Warde, Samuel, clerk of the writs, . . 83

William, fi, 12, 66

deputy, • 1

Mr. [Nathaniel], 27, 75

Wardall, William, 333, 335

Warner. Warnar, John, of Warwick, allowed to
take passage to England by taking up
his abode in the ship, and not coming

ashore, 274

Thomas, 338, 395

Warwick, 196

inhabitants of, excuse themselves of any

wrong done to the Indians, .... 162

Earl of, 48

letter to, from Gorton, John Greene, and
Randall Houlden, containing charges
against the government of the Massa-
chusetts Bay, 93

address of the General Court in reply to
the charges of Gorton, Greene, and

Holden, r 95—98

request of, in favor of Samuel Gorton, . 127
Watch, constables, to arrest nightwalkcrs after

ten o'clock, 282

regulations concerning lights, fires, and

noise.s, 282

military, orders concerning, . . .35, 36, 39
Watches, penalties for refusing to serve on, . . 75
constables', ordered to extend from Slay

1 to September 30, 265

military, placed under direction of select-
men of towns 424

VOL. HI. G4

Walchmeji in towns, duty of, &c., . . . . 3o
Watertown, 1, 9, 62, 119, 121, 131, 147, 181,

191, 220, 225, 246, 259, 297, 340, 347.

378, 403, 404, 422.

tax

Sir Richard Saltonstall allowed to retain

lands in. mowed by him four years, .
Richard Brown, Lieutenant Mason, Ephra-

im Child, appointed to end small

causes at,

granted review of trial on pclilion of Hugh

Sla.son,

to pay fifteen pounds for tune consumed in

trial of its cause,

John Sherman clerk of the writs instead

of Jlr. Ayres,

Richard Brown authorized to jciiji persons

in marriage at,

to build a bridire near the mill, . . , .
allowed to buy land from Hermon Garret,

fine remitted,

and Sudbury, boundaries between, settled,
and Concord, boundaries between, settled,
granted two thousand acres of land near

Assabeth River,

and Christopher Grant, difference between,

concerning land referred to a commit-

tee,

mill to be disposed of for the use of the
heirs of Governor Dudley, . . , .
return of commissioners concerning lands
in, in reference to the petition of Chris-
topher Grant, 381—

.several inhabitants of, petitioning for con-
firmation of land, are referred to the

commissioners' return,

Walten, John, deceased. Captain Brian Pendle-
ton ailiTiinistrator,

Way to be laid out on petition of Willi;im

Ting and others,

Waytp, Wayt, John,

Richard, messenger to Indians, ....

Lieutenant, of Maiden,

Webb, Richard,

Henry, question in the General Court as
to partnership of, in Iron Works, and
whether liable to the judgment of Ips-
wich Court in Giflbrd's action against
John Becks and Company, ....
Webster, John, constable at Strawberry Bank,

his account to be paid,

Weights and measures, decision concemiug

sealer of,

Weld, Welles, Barbara, widow of Joseph, . .

Daniel,

Captain Joseph, 81,

50G

(iKNKUAl. INDKX.

\Volil, Cnptaiii Jo<!qili. nnil Steplipn Winllirop.
pelitioners In relation to a jiula-meiit
recovered by them against Aklennan

Barkley, ^ 49

of RoxburV; deceased, settlement of es-
tate on petition of John Johnson and

William Parkes. pvecutors 237

:\Iary, --'38

Sarah, 238

Mr. [Thomas], 1T9

committee appointed to settle accounts

of. with the conntry. 79

Wells, Mr.! ' 344

Wells 34(), 361. 386

government established at, by commission-
ers : names of inhabitants of, submit-
tin<!: to Massachusetts: made a town-
ship; attached to York: titles con-
lirnied ; commissioners of small causes
to be appointed by County Court ;
Joseph BoUes clerk of the writs, 332 — 339
Ezekiel Kni2;ht grand juryman ; John Ba-
ker forbidden to preach ; church dis-
turbances settled ; protest by commis-
sioners against all other claim of juris-
diction ; John Saunders and Jonathan
Thing appointed to train the company;
ordered to make highways, . . 332—339
Wenham. 2, 10, 62, 122, 127. 147, 16.5, 183, 193, 221,
259, 297, 340

tax, 28

West, John 336

to end small causes. &c., .... 336. 337

Matthew, 67

Thomas, 433

West Town, name of Nashaway changed to, . 303

AVetheredge, Edward, 73

Weymouth, 1. 10. 62, 121, 147, l.'iS, 183,220,259.
297, 340, 37.3, 422, 423

Thomas Dyer allowed to keep ordinary

and sell wine at, 7

Captain Perkins, Lieutenant Torrey, and
John Whitman appointed to end small
causes at, 12

and Dorchester, committee appointed to

view the nearest way between. ... 46

Lieutenant Torrey, John Whitman, Thomas
Dyer appointed to end small causes :
Lieutenant Torrey clerk of the writs, 9;i

Lieutenant Torrey appointed to join in

marriage at, 109

authorized to lot out a swamp in its terri-
tory, 114

and Dorchester highway laid out. . . .158

Wdllani Ton-ev clerk of the writs. . . .218

Wevmoulh, acts of local e.\-magistrates con-

Ih-med by the General Court 414

fine upon constables for not making elec-
tion returns abated to five shillings, . 433

Whale, Philemon, 409

Wharfage, rates of, 1646, 82

Wheake, John, 73

Wheeler, Wheler, Wheller. Joseph, .... 402

Timothy, 63

Sergeant, 155

Wheelock, Wheelocke, Whellocke, Ralph,

deputv, .297

3.1r.. . . " 45

Wheelwright, Whelwright [Rev. John], upon
acknowledgment, sentence of banish-
ment reversed, 6

commended. &c 344

Thomas, 334

to end .small causes at Wells, .... 333

Wheehvrighfs Creek. 411

Whichcott, Dr., 428

Rebecca, 428

Whipple, Whiple, John, 404

deputy, 183, 220, 259, 297

jNIr., deputy, 62

Deacon, of Ipswich, 396

Whitamore, Thomas, house of, ... . 330, 331

White, John, 333

of Watertown, 347

Nicholas, 379

referred to the ordinary Courts for re-
dress concerning his suit with INIr.
Hutchinson; order of 1655 confirmed, 401

Thomas, deputy, 422

order concerning estate bought by him

of widow Swift, of Sandwich, . . 14, 15
and widow Swift, settlement of case be-
tween bv arbitrament, 66

Mr., ..." 48

Whiting, Whiteing, Samuel, 363

Mr., 419

Whitman, John, 12, 95

messenger to the Indians, 349

Robert, 67

John, vs. William Aspinwall, 253

Widow's dower, see Dower.

Wife, striking of, or by, 212

Wiggin, Wiggen, Wigan, Wiggan, Wiggins,

Wyggin, Wyggyn, Thomas, 135, 161, 192,
332, 411
Assistant, . .182, 220, 258, 296, 339, 372, 422
and Simon Bradstreet, one thousand acres

of land granted to, &c., 247

and Simon Bradstreet, land located for. . 364
petition for grant of land at Squamscott,

referred to October session of 1654. 301, 302

GENERAL INDEX.

507

Wiggin, Thomas, grant of laml to 30(i

associate in Norfolk County Courts, . lG-1, 206
to hold Courts in Norfolk, .... 226. 273
to holdCouits at York aud Kitlcry, . . . 308 '

laud to be laid out to, 329

to hold Courts in Yorkshire, &c., .... 380
Captain [Thomas], 10, 15, 30. 69, 315, 351, 429
and E. Rawson, administrators of Wil-
liam Waldron's estate. 120

two hundred acres of land granted to,

for services, 378, 379

deputy, 10, 39

to be a.ssessed in Hampton. -133

to keep Courts"in Norfolk, 127

to bring his patent to the General Court,

May session, 1653, 293

conveyance of lands by, to the inhabit-
ants of Dover, 411, 412

Wilcockes, WilHam, 257

Wilder, see Wildes. !
Wilds, Wilder. William, appointed on a com- |
mittee to lay out the bounds of Haver-
hill, 233, 240

Willard, Simon, . 153, 155, 234. 248, 345, 381, 428

deputy, 147, 183, 220, 259, 297

Assistant, 339, 372

Lieutenant [Simon], 11.13

deputy, 10, 39, 44, 62

leave of absence granted to, . . . . 15
dismissed, on petition of Concord, . . 44

chosen captain, 62

Captain, 157, 200, 214, 225, 235, 290, 294, 300.

301. 304, 321 ,

fine of five pounds for absence, remitted, 80 i

has leave of absence, 155

comptroller 183

to end small cau.ses at Concord, . . . 277
Major, .... 379, 380, 405, 406, 408. 431

Assistant, 422

comptroller of the House of Deputies, 1 83, 2 10
on committee for the discovery of the

north line of patent, 278

to lay out land for Mr. Samuel Cole, . 304
commander against Ninigret, return of, . 359
authorized to sell land for orphans in

Concord, 390

granted live hundred acres of land for |

public service, -ISO

Willcutt, John, .367

Williams, George, 354

Nathaniel, 45, 390

Roger, letter to, claiming jurisdiction over
Providence, by patent of 1643, direct-
ing him to cease control, or appear at
the General Court at Boston, to show
cause, kc. 49

Williams, Thoma.s, to end small causes, kc. 336.
337

Mr., associate, 30

of Piscataqua, written to, to return the
negro had of Captain Smith, ... 49
Willis, Niehola.s, deceased ; Peter Oliver, James
Penn, and James Johnson, administra-
tors of, 199

Willoughby, Willoby, Willowby, Francis, . 65,^76
appointed substitute in case Captain Haw-
thorne is prevented from going to
Penobscot as commissioner to ]\Ion-

sieur D'Aulnay, 75

chosen comptroller, 78

Assistant, 182, 220

<leputy, 147

air 68, 157, 193. 20G

deputy, 62

Wills, probate of, for county of SulTolk, . 280, 281

See Estates.
Wilson. John, pastor of Boston, and Edward
Rawson. granted fifteen hundred acres
of land adjoining to the grant of J.

Wiuthrop, Jun., 126

allowed to locate one thousand acres of

land. 194

Joseph, free from service to Thomas Fax-
on, on petition of widow Wilson, of

Braintree, 309, 310

William, 47

deputy marshal, acts of, legalized, . .174

Mr.. . 206

widow, 309

twenty-three pounds allowed to, for ser-
vices of her husband, 108

Winchester. John, 80

Wincoll, John, 384

deputy, 297. 340, 373

Wincott River. 410

Wine, revenue on, famieil to Captain Haw-
thorne, 289

sellers, of Boston and Charlestown, . . . 135
Wines, impost duty on, to be collected, . . . 31
order for ascertaining the amount imported

aud collection of imposts on, ... 53
smuggled, auditor authorized to search for, 65
orders concerning collection of duty on, . 73

duty on, 142

agreement with venders of, 148

with farmers of impost duties. . . . . 149

committee appointed to collect duty on, . 218

retailers petition to raise the price of; the

General Court answers that they

should be as contented to lose as they

would have been willing to gain, . . 276

sale of. to Indians, forbidden, 369

508

GENERAL INDEX.

Wines, duties on, farmed to Captains Haw-
thorne and Leverett, and Lientenant

William Phillips, 372

Winicahanatt or Hilton's Point patent, . . .411

Winnacout River, 309

Winnisimmet, 1 1 1

and Reading highway, new committee ap-
pointed to survey for locating, . . . 138
committee appointed to locate highway

between, '. 159

to Reading, highway, 274

and Reading highway, located, .... 330
Winsley, Winslye, Winslow, Samuel, 231, 248, 272,
322, 330, 411
of Salisbury, appellant, rs. Samuel Hall,
petition for remis.sion of forfeiture lor

non-appearance, 236

to lay out Hampton bounds, 272

on a committee to lay out Mr. Downing"s

farm, 330

deputy 297

Mr., '. 10, 12, 345

deputy, .10, 39, 44

Winslow, Edward, 200

one hundred pounds to be raised for, as

agent to England, ...."... 79
agent, &c., commission of; to answer
charges sent to the Earl of Warwick
by Gorton, Greene, and others, against
the government of the Bay, .... 93
agent, &c., money advanced for ; to be re-
paid by the Massachusetts colony, 205, 206
letter from the General Court to, . . . . 178

Mr. [Edward], 171, 179

agent, one hundred pounds to be sent to, 119

Josiah, 198, 370, 371, 379, 438

Winthrop, Adam and Deane, purchasers of Sal-
tonstall's land ; tract laid out ; e.xcess
over one thousand acres, granted to
Deane, as due Governor Winthrop, . 106
petition of, for Stephen, for locution of land
granted to Mr. Humphrey, near Sa-
lem, 191

deceased, 292

administration of his estate granted, . . 292
grandchild of Governor Winthrop, de-
clared to be the true proprietor of Gov-
ernor's Island, 292

guardians appointed for, 292

administrator of his father's estate, . . . 292

Deane, land granted to, 106

and others, petitioners for new town, . 388
in case of the decease of his brother
Joshua, to inherit two thirds of two
hundred poinids given to him by the
General Court, Itil, 381

inthrop. Deane, petitioner to be free from
training, referred to captain of his

company, 299

allowed to locate his former grant of one

thousand acres, 421

Mrs. Elizabeth, widow of Adam, decea.sed,
petition in behalf of her son Adam :
guardians of her son, &c., .... 292
John"; 11, 20, 21, 22, 24, 2.% 39, 44, 79, 84, 119,
129, 131, 219, 226, 247, 421

chosen Deputy Governor, 2, 9

chosen Governor, 61, 104, 121

allowed by the House of Deputies one

hundred pounds for salary as Governor. 5
charges of Hingham against, . . .17,26
coraniLssiot^er of the Unhed Colonies, . 26
fifty pounds, granted in 1642, to be paid

to, 48

is intrusted by the General Court with
the care of sending a negro interpret-
er, and others unlawfully taken, back
to their native country of Guinea, &c., 84
granted one hundred pounds for salary

for 1646, 113

is allowed one hundred marks salary,

1647, 124

deceased, two hundred pounds voted to
be given to infant of; Tyng and
Pritchard appointed committee to at-
tend to the same, 157

grant of Court to infant child of, ordered
to revert, in case of death, to his wid-
ow, and to Deane and Samuel in

equal parts, 161

deceased, Bo.ston not required to re-
place the barrel of powder burned at

the funeral of, 162

ISIessrs. Bellingham, Nowell, Hill, and
Rawson appointed to examine the

public writings of, 164

report of committee, with cla.ssification

of the papers of, 179

deceased, petition of Cambridge con-
cerning location of grant to him and

his wife, 290

record of grant of two hundred pounds
to his son Joshua alleged to be lost,
therefore to be inserted anew, . . . 293
petition of Woburn concerning grant to, 290

'farm of, 273

Mrs., (widow of Governor AVinthrop.) eight
pounds per cent, voted to. for the two
hundred pounds granted to the young-
est child of ... . .... 226

John. Jun.. chosen Assistant. 2. 9. 61. 104. 121,
146

GENERAL INDEX.

509

Winthrop, John, Jun., undertakes to settle the
Pequot country, to give Pequots other
Inntts, and with Thomas Peters is ap-
pointed to administer the laws, ... 76
granted three thousand acres of land at
Paquatuck, on condition of erecting
salt works ; former a<jreeraent with

repealed, 12()

owjnii; forty pounds for Dr. ChiUl's fine,
the same is remitted, on account of

his services in England, 256

a patent granted to, for making salt after

a new mode, for twenty-one years, . 400
Joshua, youngest cliild of Governor John
Winthrop, two hundred pounds to be

given to, 161

disposal of estate of, in casi! of his

death, ,381

eight pounds per cent, to be paid by the

Treasurer to his mother, 226

record of grant of two hundred pounds

to, renewed, 293

Samuel, to inherit one third of two hun-
dred pounds, as heir of his brother

Joshua, 161

petition for one third of the two hundred
pounds granted to orphan of Governor

Winthrop, 3S1

Stephen, 4, 13

deputy, 2

and Joseph Weld, petitioners concern-
ing suit with Alderman Barklcy, . . 39
petition that the country bear their
charges in suit against them by Al-
derman Barklcy, on account of judg-
ment recovered by Lady De La

Tour, 49

and Barbara, widow of Joseph Weld,
Court refuses their petition to be reim-
bursed e.vpenses of suit with Alderman

Barkley, 146

answer to petition in behalf of, ... 191

Winthrop's Plain, 30.5

Wippsupperagp, an Indian town, 438

Wiswall, Wiswell, Wisewell, John, . 83, 217, 369

deputy, 62, 340

Witchcraft, 229, 273

order in relation to, 126

Witnesse.s, evidence of. to be in writing, 211, 212

Witt, John, 388

Witter, William, 67, 68

Woburn, 2, 10, 62, 121, 147, 183, 221, 259, 297, 340,
37.3, 422, 423

tav 28

Lieutenant Edward John.son, appointed to

marry at, 140, 174, 345

Woburn, petition concerning location of grants
to Governor Dudley, and to Governor
Winthrop, deceased; committee ap-
pointed in answer to, 290

and Concord, petition of inhabitants for
new settlement on Merrimac River, . 301
Wolcott, see Woolcott.

Wolfe, Peter, eo

Wolves, committee appointed to consider the

best mode of destroying, 10

bounty of wine or corn for killing, re-
pealed; ten shillings granted, ... 17
twenty shillings allowed to Indians, and
thirty to English, for killing; ten shil-
lings to be paid by the General Court,

remainder by towns, 134

order giving bounty for killing, revived, . 319

Woman, striking of, or by, 212

Wonnerton estate, petition for new trial con-
cerning, denied, 121

Wonnerton's house, SaltonstalTs mortgage

judged prior to Shurte's, 88

Wood, measurement of, 103

and lumber, surveyors of, to be appointed

for seaports, 375

Woodman, Edward, 395

to end small causes at Newbury, . . . . 194

Mr., 31, 64, 396

Woodman's bridge, 305

Woodward, Ralph, appointed to marry at Hing-

ham, 180

Woody, Woodey, Wooddy, John, 271

deceased, will and inventory to be returned

to the Quarter Court, 295

(of Roxbury,) IMary Woody e.xecutri.v, . 191
settlement of estate of, on petition of John
Coggan and William Parks, e.\ecutors, 306
Mary, sale of land to, confirmed, .... 255
widow of John, deceased, petition for
additional share of her husband's es-
tate denied, 271

petition concerning estate of her de-
ceased liusband, 295

Richard, Sen.. 306

Edward Raw.son authorized to sue for
seventeen pounds due from, to the

committee, 433

Wool, for sale, sheep to be washed before

shearing, 298

raising, spinning, &c., recommended, 396, 397
Woolcott, Henry, of Windsor, and Nicholas

VV'hite, order concerning suit between, 379
Woory, Ralph, allowed to ship eight dozen
undressed goat skins, being sold be-
fore the passage of the order; hereafter
order to be enforced, 45

510

CENEKAL INDEX.

Wooton. John, deceased, Brian Pendleton ad-
mi iislrator, Older coucerning estate
of.

Worcester, VVorster, William, .... 363,

Word of God and messengers thereof, contempt
of, punished, 100.

Wormstall, Arthur,

AV'oronoco, Worronoco, 131,

Worship, public, penalty for not attending, . .
disorder in, reprehended : officers tabe ap-
pointed to keep order,

Wotapumkum recovers co.sts against Ninicrot,

Wrecks, the auditor to take notice of, and look
after,

Writ of error, appeals to be accounted in the
nature of a

Write, John, deputy.

W^'inbourne, William, line of three pounds
partly remitleil,

Yale, David, 4, 9, 64, 90, 124,

bond for customs of wines,

fined thirty pounds,

Yeomans, Edmund, fine of iive pounds for sell-
ing beer abated to ten shillings, . ,

York, 297, 340. 361, 373,

county, Nicholas Shapleigh Treasurer,
in case of war, to bear proportion of ex-
pense,

committee appointed to hear complaint of
Edward Godfrey against town of, 363,

York, committee appointed to determine difTer-
ence between Mr. Godfrey and the
town of, 385

and Kittery. boundaries between, . . . 402
Court, time of holding, changed, . . 4(15, 406
County Courts, . . . 299, 308, 404. 406, 429
Dover, and Hampton, instructions to com-
missioners for, 429

York River, 402

York.shire, 3S(i, 423

Wells to be a part of, 333

persons in, licensed to sell wine. &c.. lo

the Indians, 369

Messrs. Bellingliam. Simonds, and Wiggin

appointed to keep Court at, .... 380
return of committee concerning valuation

of estates-in, &c 386

Captain Nicholas Shapleigh aulhori/.ed to
act as major for, and to see that due
supplies of powder, &c,, are kept, . . 409
Young, Christopher, e.\ecutors authorized to
retain child of. instead of sending to
England according to will, the guard-
ian there being unwilling to receive

the trust, 165

letters to be sent to Mr. Elvin concerning

the two daughters going to England. . 165
Thomas, seaman, plaintiff, vs. Bamabee
Stanfast, master, for wages ; defend-
ant ordered to answer at Salem Court. 202

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